
lass 



hook 






Digitized by tine Internet Archive 
in 2010 witin funding from 
Tine Library of Congress 



http://www.arcliive.org/details/liearingsbeforeco02unit 



HEAEINGS 



BEFORE THE 



I 5, d^tf , f-TTJUS( 



COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE , 
OF THE HOUSE OF REPRESENTATIVES '' 



H 



fJT 



ON THE BILLS 
H. R. 20373 AND H. R. 29163 

ADULTERATION AND MISBRANDING 
OF SEEDS, BULBS, ETC. 



COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE 
HOUSE OF REPRESENTATIVES 



JAMES R. MANN, 
:BVING p. WANGER, Pennsylvania. 
FREDERICK C. STEVENS, Minnesota. 
rOHN J. ESCH, Wisconsin. 
:HARLES E. TOWNSBND, Michigan. 
TAMES KENNEDY, Ohio. 
rOSEPH R. KNOWLAND, California. 
iVILLIAM P. HUBBARD, West Virginia. 
TAMES M. MILLER, Kansas. 
VILLIAM H. STAFFORD, Wisconsin. 



Illinois, Chairman. 
WILLIAM M. CALDER, New York. 
CHARLES G. WASHBURN, Massachdshtts. 
WILLIAM C. ADAMSON, Georgia. 
WILLIAM RICHARDSON, Alabama. 
CHARLES L. BARTLETT, Georgia. 
THETUS W. SIMS, Tennessee. 
ANDREW J. PETERS, Massachusbtts. 
WILLIAM ROBERT SMITH, Tbxas. 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1911 



FEB .. > - 



.^v" 



> 






ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 



Committee on Interstate and 

Foreign Commerce, 
House of Representatives, 

Thursday, February 2, 1911. 

The committee met at 10 o'clock a. m., Hon. James K. Mann 
(chairman) presiding. 

The Chairman. The committee will be in order. We have before 
ns House bill 20373 and House bill 29163— House bill 20373 to pro- 
hibit the importation into the United States of adulterated seed and 
seed unfit for planting, and House bill 29163 to regulate commerce 
among the States and with foreign nations, and to prevent the trans 
portation of adulterated and misbranded seed and bulbs, and for 
other purposes. For the sake of convenience the two bills may be 
printed in the record. 

[H. R. 20373, Sixty-first Congress, second session.] 

A BILL To prohibit the importation into the United States of adulterated seed and seed unfit for 

planting. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the importation into the United States of seeds of alfalfa, 
barley, Canadian blue grass, Kentucky blue grass, brome grass (awnless), buckwheat, 
alsike clover, crimson clover, red clover, white clover, field corn, Kafir corn, meadow 
fescue, flax, millet, oats, orchard grass, rape, redtop, rye, sorghum, timothy, and 
wheat which are adulterated or unfit for seeding purposes within the meaning of this 
act is hereby prohibited, and the Secretary of Agriculture and the Secretary of the 
Treasury shall jointly or severally make such rules and regulations as will provide 
for the exclusion of such seeds from the United States: Provided, That such seeds 
may be delivered to the owner thereof under bond, to be recleaned, subject to such 
regulations as the Secretary of the Treasury may provide, and when recleaned to the 
standard of purity specified in sections two and three of this act they may be released to 
the owner thereof, but the screenings removed from such seeds must be disposed of 
in a manner to be prescribed by the Secretary of Agriculture. 

Sec. 2. Seed shall be considered adulterated within the meaning of this act: First, 
when seed of red clover contains more than three per centum of seed of yellow trefoil 
or any other seed of similar appearance to and of lower market value than seed of red 
clover; second, when seed of alfalfa contains more than three per centum of seed of 
yellow trefoil, burr clover, or sweet clover, singly or combined; third, when any 
kind or variety of the seeds named in section one of this act contains over five per 
centum of seed of another kind or variety of lower market value and of similar appear- 
ance. 

Sec. 3. Seed shall be considered unfit for seeding pm-poses within the meaning of 
this act: First, when any kind or variety of clover seed contains more than one seed 
of dodder to three thousand seeds of clover; second, when any kind or variety of the 
seeds named in section one of this act contains more than three per centum by weight 
of seeds of noxious weeds. 

3 



4 ADULTEEATIOX AXD MISBRANDING OF SEEDS, BULBS, ETC. 

[11. R. 29103, Sixty-first Congress, third session.] 

A BIIvL To regulate commerce among the States and wth foreign nations, and to prevent the transporta- 
tation of adulterated and misbranded seed and bulbs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the introduction into any State, Territory, or District of 
the United States from any other State, Territory, or District, or from any foreign 
country, or the shipment to any foreign country of any seed or bulbs adulterated or 
misbranded, within the meaning of this act, is herebj^ prohibited; and any person 
who shall knowingly ship or deliver for shipment from any State, Territory, or District 
of the United States to any other State, Territory, or District of the United States 
or to a foreign country, or who shall receive in any State, Territory, or District from 
any other State, Territory, District, or foreign country, and having so received shall 
knowingly deliver or offer to deliver in original unbroken packages, for pay or other- 
wise, to any other person any seed or bulbs adulterated or misbranded, within the 
meaning of this act, shall be guilty of a misdemeanor, and for such offense be fined not 
exceeding two hundred dollars for the first offense and for each subsequent offense 
be fined not exceeding five hundred dollars or be imprisoned not exceeding one year, 
or both, in the discretion of the court: Provided, hoivever, That this act shall not 
apply to seed or bulbs to be used solely for propagation or testing and not for sale or 
distribution: Ayid provided further, That nothing in this act shall be held to prohibit 
the transporting, handling, and storing of seed and bulbs for the purpose of being 
cleaned, mixed, graded, or labeled before being offered for sale for seeding purposes. 

Sec. 2. That the Secretary of Agriculture shall make uniform rules and regulations 
for carrying out the provisions of this act, and, for the same purpose, may from timfe 
to time publish standards for different kinds and varieties of seed and bulbs and for 
different grades of the same kind or variety of seed or bulbs. 

Sec. 3. That the term "seed," as used in this act, shall include vegetable, flower, 
cereal, grass, clover, forage plant, and other agricultural and horticultural seeds in- 
tended for seeding purposes. 

Sec. 4. That for the purposes of this act seeds and bulbs shall be deemed to be 
adulterated — 

First. If seed purporting to be orchard-grass seed contain more than three per centum 
of seed of rye grass or meadow fescue; if seed purporting to be Kentucky blue-grass 
seed contain more than three per centum of seed of Canada blue grass; if seed pur- 
porting to be red-clover seed contain more than three per centum of seed of yellow 
trefoil; if seed purporting to be alfalfa seed contain more than three per centum of 
seed of yellow trefoil, burr clover, and sweet clover, singly or combined; or if any 
seed or bulbs purporting to be of one kind or variety contain more than five per centum 
of another kind or variety: Provided, That no seed or bulbs shall be deemed to be 
adulterated, within the meaning of this paragra]^h, when accompanied by a statement 
or label in the form and manner prescribed by the rules and regulations in this act 
provided for giving the names and amounts or proportions of the kinds or varieties 
of seed or bulbs contained therein. 

Second. If seed of any kind or variety of clover, alfalfa, or flax contain more than 
one seed of dodder to three thousand .^eeds of clover, alfalfa, or (lax, respectively; or, 
if any seed contain weed seed to an extent which renders it untit for seeding purjioses. 

Third. If any seed or bulbs contain, respectively, dead seed or dead bulbs or other 
matter in sufficient quantities to materially reduce the value for seeding or planting 
purposes: Provided, That no seed or bulbs shall be deemed to be adulterated, within 
the meaning of this paragraph, when accompanied by a statement or label in the 
form and manner prescribed by the rules and regulations in this act provided for 
giving the amounts or proportions of live seed or bulbs and other matter contained 
therein. 

Fourth. If there shall be knowingly added to seed any weed seed or dead seed, or 
any other matter materially reducing its value for seeding purposes: Proridrd, That 
it shall not he construed as a violation of this i)aragraph to blen<l different lots of seed 
of the .'<anie kind or variety which are not lhem.>;elves adulterated, within the provisions 
of this act, or to mix dilfcrent kinds or varieties of seed wlien named and labeled so 
as to plainly show the same to br- a mixture. 

Sec. 5. That, for the purjioses of this act, seed and bulbs shall be deemed to be 
misbrand<>d — 

First. When one kind or di.'^tinguishable named variety of seed or bulb shall be 
offered for sale under the name of another kind or distinguishable named variety of 
seed or bulb. 

Second. If in paikagc form and the quantity of the contents is stated, they are not 
plainly and correctly stilted in terms of weight, measure, or count, or if the package 
shall not plainly show the year in which the seed or bulbs were packeted. 



ADULTERATIOOSr AND MISBEANDING OF SEEDS, BULBS, ETC. 5 

Third. If the seed or bulbs be falsely labeled or branded as to the State, Territory, 
locality, or country in which raised or produced. 

Fourth. If the package containing it or its label shall bear any statement, design, 
or device concerning the seed or bulbs contained therein, which statement, design, or 
device shall be false or misleading in any material particular, or if the contents of the 
package as originally put up shall have been removed in whole or in part and other 
contents shall have been placed in such package. 

Sec. 6. That whenever the Secretary of Agricultiu-e shall have made public, in 
accordance with the provisions of this act, any standards of seed and bulbs it shall be 
lawful for seed and bulbs complying in all respects with the standards so published 
by the Secretary of Agriculture to bear upon the label, together with the name of the 
article, the inscription "United States Standard;" and any person who shall use such 
inscription or words of similai- import in any way as descriptive of any seed or bulb, 
subject to the provisions of this act, which does not comply with the standards so pub- 
lished by the Secretary of Agriculture, shall be gulity of a misdemeanor, and for each 
offense be fined not exceeding one thousand dollars. 

Sec. 7. That no dealer shall be prosecuted under the provisions of this act when he 
can establish a guaranty, signed by the wholesaler, jobber, producer, or other party 
residing in the United States from whom he purchased such articles, to the effect that 
the same are not adulterated or misbranded within the meaning of this act, designating 
it. Said guaranty to afford such protection shall contain the name and address of the 
party or parties making the sale of such articles to such dealer, and in such case said 
party or parties shall be amenable to the prosecutions, fines, and other penalties which 
would otherwise attach, in due course, to the dealer under the provisions of this act; 
but it shall not be lawful to place on any package or container of seed or bulbs any 
label showing that the same are guaranteed under this act unless such label further 
shows that the guaranty is by the producer or wholesaler or other dealer, nor unless such 
label further complies with the rules and regulations to be made by the Secretary of 
Agriculture, as herein provided for. 

Sec. 8. That if any seed or bulbs that are adulterated or misbranded within the mean- 
ing of this act and are being transported from one State, Territory, or District to another 
for sale, or, having been transported, remain unloaded, unsold, or in original unbroken 
packages, or if the same be sold or offered for sale in any Territory or District, or are im- 
ported from a foreign country for sale, or are intended for export to a foreign country, shall 
be liable to be proceeded against in any district com't of the United States within the 
district where the same are found, and seized for confiscation by a process of libel for 
condemnation. And if any such seed or bulbs are condemned as being adulterated or 
misbranded, within the meaning of this act, the same shall be disposed of by destruc- 
tion or sale, as the court may direct, and the proceeds thereof, if sold, less the legal 
costs and charges, shall be paid into the Treasury of the United States: Provided, how- 
ever, That upon the payment of the cost of such libel proceedings and the execution 
and delivery of a good and sufficient bond to the effect that such seed or bulbs shall not 
be sold or otherwise disposed of contrary to the provisions of this act, or the laws of any 
State, Territory, or District, the comt may by order direct that' such seed or bulbs be 
be delivered to the owner thereof. The proceedings of such libel cases shall conform- 
as nearly as may be, to the proceedings in admiralty, excei^t that either party may 
demand trial by jury of any issue of fact joined in any such case, and all such proceed, 
ings shall be at the suit of and in the name of the United States. 

Sec. 9. That the Secretary of the Treasury shall deliver to the Secretary of Agricul- 
ture, upon his request, from time to time samples of seed and bulbs being imported 
into the United States or offered for import, giving notice thereof to the owner or 
consignee, who may appear before the Secretary of Agriculture and have the right to 
introduce testimony, and if it appear from the examination of such samples that any 
seed or bulbs offered to be imported into the United States are adulterated or mis- 
branded within the meaning of this act, or are otherwise falsely labeled in anj^ respect, 
or are of a quality forbidden entry into or forbidden to be sold or retsricted in sale in the 
country from which exported, or are intended for adulteration purposes, or contain 
dead seed or dead bulbs, or other matter in sufficient quantity to matrially reduce the 
value for seeding or planting purposes, the said seed or bulbs shall be refused admission 
under such regulations as the Secretary of the Treasury may prescribe : Provided, That 
the Secretary of the Treasury may deliver to the consignee such seed or bulbs, pending 
examination and decision in the matter, on execution of a penal bond for the amount 
of the full invoice value of such seed or bulbs, together with the duty thereon, and on 
refusal to return such seed or bulbs for any cause to the custody of the Secretary of the 
Treasury when demanded, for the purpose of exclusion from the country, ot for any 
other purpose, said consignee shall forfeit the full amount of the bond : Provided further, 
That such seed or bulbs may be recleaned in accordance with such rules and regula- 
tions as may be prescribed by the Secretary of Agriculture, and when so recleaned as 



6 ADULTEEATION AND MISBBANDING OF SEEDS, BTJLBS, ETC. 

to comply with the provisions of this act, the seed shall be relased to the consignee or 
owner, but the screenings removed from such seed or bulbs shall be disposed of in the 
manner prescribed by the Secretary of Agriculture. 

Sec. 10. That the term "Territory" as used in this act shall include the insular 
possessions of the United States. The word "person" as used in this act shall be 
construed to import both the plural and the singular, as the case demands, and shall 
include corporations, companies, societies, and associations. TMien construing and 
enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or 
other person acting for or employed by any corporation, company, society, or asso- 
ciation within the scope of his employment or office shall in every case be also deemed 
to be the act, omission, or failure of such corporation, company, society, or association 
as well as that of the person. 

Sec. 11. That this act shall be known, described, and designated as the "Pure seed 
act" of nineteen hundred and eleven. 

Sec. 12. That this act shall take effect and be in force from and after its passage, 
except that no penalty of fine, imprisonment, or confiscation shall be enforced for any 
violation of its provisions occurring prior to the expiration of eighteen months after its 
passage. 

The Chairman. Gentlemen, we are at your service. If you have 
any order arranged among yourselves for hearing, we will be very 
glad to carry it out. 

STATEMENT OF MR. W. S. WOODEUFF, OF S. D. WOODRUFF & 
SONS, OF ORANGE, CONN., CHAIRMAN OF THE LEGISLATIVE 
COMMITTEE OF THE AMERICAN SEED TRADE ASSOCIATION. 

Mr. Woodruff. Mr. Cairman and gentlemen, first of all I desire 
to thank the committee for the courtesy of granting us this hearing, 
and of postponing the hearing, which you so kindly did for us, from 
about two weeks ago. This seed proposition has been given a great 
amount of thought since the matter was up before this committee 
two years ago, and I think I am stating the truth when I state that 
the seed trade are ready for a seed bill, provided this Congress, or 
any other Congress, deems it necessary that we have a bill; and are 
not only ready for it, but are ready to cooperate with your com- 
mittee by giving you the advantage of the technical knowledge that 
the long years of experience of our various associations have accu- 
mulated. We have represented here four national organizations: 
First, the organization of the ^"Sliolesale Seedmen's League of the 
United States; the ^Vholesale Grass Seed Dealers' Association; the 
National Association of Seed Analysts; and the American Seed 
Trade Association. We have thought best to ask the two factions, 
if we may so call them, namely, the grass-seed faction and the flower- 
seed faction, which, from their very nature, are unlike in many 
respects, to be represented and be heard before 3^our committee. 
Without further preliminary remarks I shall call upon Mr. Rey- 
nolds, of Cra^vfordsville, Ind., to open the discussion, and to say 
what he pleases for the Grass Seed Association. 

STATEMENT OF MR. A. E. REYNOLDS, OF CRAWFORDSVILLE, 
IND., REPRESENTING THE WHOLESALE GRASS SEED ASSO- 
CIATION OF THE UNITED STATES. 

Mr. Reynolds. Mr. Chairman and gentlemen, I wish to say to you 
that the question of national control of various business industries of 
the country lias been a vital (luestion, and has been forced more and 
more on the public in the past few years. Ten years ago it would 
have been highly distasteful, and an unheard of proposition, for a 



ADULTEEATION AND MISBRANDING OF SEEDS^ BULBS, ETC. 7 

body of gentlemen such as you see here to appear, either^obstruc- 
tively or constructively, regarding legislation, 

As^has been stated by Mr. Woodruff, we have been led more and 
more to^the way of thinking that legislation, not only if^it is^enacted, 
but thatjegislation should be enacted, controlHng, or in some measure 
regulating, the seed industry of the country. I suppose it is a httle 
unusual to come up and ask for something controlling our own busi- 
ness. But I would have you take into consideration that the Whole- 
sale Grass Seed Association does not comprise everyone in the United 
States who handles grass seed. Therefore, if we were able, within 
ourselves, to control the industry which we represent, in so far as our 
own organization is concerned, we would still fall far short of being 
able to control absolutely the grass-seed business of the country. 

Those of us who appear here this morning say for ourselves that our 
association, and the seed trade of the country in general, are in an 
industry that is represented by gentlemen who should have, first of 
all, accorded^to them the distinction, if joii please, of being upright;, 
honorable men, conducting a business worthy of its calhng, and en- 
deavoring honestly and earnestly to carry forward a business in an 
honest, upright manner. I beheve that the investigation of the grass- 
seed business of the country wiU show it to be on as liigh a plane of 
honor, and as earnestly conducted, and as desirous of giving an honest 
administration of a great industry, as any other commercial business 
of the country. 

We therefore court legislation of the kind and the character under 
which the great seed industry of the country can be conducted in a 
way remunerative to the parties engaged in it, and at the same time 
to serve the public in as acceptable a manner as is possible to serve it. 
To that end we believe in protecting, first, the seed business in a way 
that will be conducive, honestly, to its promotion. 
/^ The great trouble we have had in the past is not being able in any 
way to control the importation of seeds as to quantity, quality, or 
condition. Therefore I wish first to confine my remarks to a con- 
sideration of bill 20373, and sa}^ to you that we have only suggested 
a few changes in this biU, and we have not altered in any particular 
measure the text of the bill. The copy that I hold in my hand I 
wish to have filed as a bill that would be wholly acceptable to the 
seed trade of the country as controlling the importations of seed 
from foreign countries. 

The Chairman. The copy you have has the amendments that you 
would suggest ? 

Mr. Reynolds. It has the amendments, and I wish to file it at the 
proper time. 

The Chairman. You ma}^ give that to the stenographer and it will 
be printed. 

(The bill referred to will be found in the appendix.) 

Mr. Reynolds. I wish, in considering this, that you would keep 
carefully in mind that we have tried to formulate a bill that would 
keep out the objectionable seeds and adulterants that enter into 
imports of foreign seeds, and particularly now I would ask you tO' 
make a distinction between what I am saying and what this bill 
and the other bill propose to enact as being distinctive and apart 
from the garden-seed business; for remember I am speaking wholly 
of grass seeds for the Grass Seed Association. 



8 ADULTERATION AND MISBEANDING OF SEEDS, BULBS, ETC. 

]Mr. TowNSEND. You say that would be satisfactory to all of the 
seedmen in the country? 

Mr. Reynolds. I am speaking onl}^, Mr. Townsend, for the grass- 
seed people. There are other people here to speak for the garden- 
seed people. 

The Chairman. Of course that bill does not affect garden seeds. 

Mr. Reynolds. No; this particular bill is on importations of 
grass seed. 

Mr. Townsend. And all the grass-seed men are agreeable to that 
proposition ? 

Mr. Reynolds. We are agreeable to this bill, and we have only 
shghtiy amended it. I want you to remember we have not assumed 
to frame a bill as a substitute. 

The Chairman. It is fair to state that you prepared the bill in the 
first instance. I introduced it at the request of some of the gentle- 
men connected with that association. 

Mr. Reynolds. Referring to bill 29163, the Mann seed bill, I will 
say, again, if we had had this bill to consider 10 years ago, I suppose 
we w^ould all risen in our wrath and said, "This is preposterous," and 
so on. But that was before the days of the pure-food bills, and before 
we had had thrust upon us the importance, and the great benefit, of 
the pure-food laws. We believe that legislation along the line of con- 
trolling interstate business in seeds is, at this time, desirable, but we 
want a few amendments. Wlien I say a few^ amendments, they are 
more especially directed to the management of busmess than to any 
change in the general text of the bill which has been introduced by 
your honorable chairman. 

As you know, there are so-called seed bills bemg introduced in 
nearly every State in the Union. They are of greater or less merit, 
but they are in the aggregate absolutely inimical to the best conduct 
of the seed business of the country as a whole. Therefore, we believe 
that a bill that will cover the whole scope, and that will sooner or 
later control intra, as well as interstate, business, is to be desired over 
a score or more of bills under which we are restricted rather than pro- 
moted in our business. This bill will be taken up, if you will grant 
us the time, by another speaker, and gone over very carefully. The 
amendments which we ofier we ask your careful consideration of. 

I ^vish to emphasize, if possible, what has been said about our ear- 
nest and honest intent to be of service to this committee in getting a 
bill that will be creditable to the committee under which we can oper- 
ate and under which the seed business of the country will be promoted 
rather than retarded. It is a great industry, gentlemen, how great 
you probably luive not all studied and thought of as much as those of 
U3 who are interested in it. If we came here to object to a bill which 
you were forming, saying there was no need of that bill, we would be 
in an entirely different position from what we now occupy. ^Ve, the 
grass-seed people of the country, believe that a l)ill is necessary; we 
believe that a bill can be enacted that will reckiund in much good to 
the seed in(histrv of the country, and that means to eveiy crop raised 
in the country — grass field seeds of all kintls. When you come to con- 
sider that the hay crop is one of the very largest, in fact, the very 
largest, of all the^ crops raised in this country, it is quite important 
that we go to the bottom of it and get the very best possible service 
in the way of seed to produce that crop. When j^ou consider that at 



ADULTERATIOls AND MISBKANDIIfG OF SEEDS, BULBS^ ETC. 9 

the bottom of all the intensified farmins; and the increasing of the 
resources of the soil is the fertilization of that soil, and that fertiliza- 
tion is carried on to a great extent through the source of planting clover 
for fertilization, you will see how important it is that the source of the 
wealth and industry of the country should be promoted to the highest 
possible degree. 

Mr. TowNSEND. What proportion of the grass-seed dealers are in 
your association? 

Mr. Reynolds. I should say probably as much as, or more than, 80 
per cent of all of the grass seed wholesaled in this country is repre- 
sented in our association. 

Mr. TowNSEND. Anfl that 80 per cent is composed of good, clean 
fellows who do not need any law against them ? 

Mr. Reynolds. I am advised b}'^ !Mr. Dickinson to say fully 90 per 
cent. I would say, Mr. Townsend. even if that be so — and we think 
it is so — that the 10 per cent outside is just enough to introduce into 
our business the dishonesty that gives a bad repute to a good many 
others who want to do the square thing. 

Mr. Townsend. Are you suggesting any law that would change 
your methods now, the methods of the 80 per cent? 

Mr. Reynolds. Only so far as we would be unifietl, and there 
would be certain rules covering analyses and general trade as between 
ourselves and the public ; only that far. 

Mr. Townsend. Somebody who is to follow you is going to suggest 
the changes you are speaking about, is he? 

Mr. Reynolds. What changes? 

Mr. Townsend. Some other witness is going to tell us what amend- 
ments you want ? 

Mr. Reynolds. Yes; you may hear a great deal about seed analysis, 
and we have a gentleman here who represents the association of seed 
analysts. But we, the grass-seed people, think that it is absolutely 
as yet in its infancy. There is no uniformity about it. There is 
absolutely very little certainty, and in saying that I probably trans- 
gress on the ground of what some one else has to sav. But I say to 
you that, speaking personally, I believe the grass-seed people of the 
country will agree with me when I say that analysis, reliable and 
positive analysis, of grass seeds of the country, must yet be accom- 
plished, regardless of your great laboratory here and your analyses 
that you support in the Government. 

I want to drive home this point, that we earnestly desire to cooper- 
ate with you. We believe there is demand; we believe that it comes 
up from the tillers of the soil. We believe that it is demanded by the 
general condition and stress of business of the country to so regulate 
the grass-seed business of the country that it will be known of itself 
to be honorable, honest, and earnestly conducted by men who want 
to serve the public. But we do not want a bill that will so transgress 
our methods of doing business and so hamper us that this great 
industry will be damaged and injured to our personal detriment. 

The Chairman. Have you a copy of the bill there with the amend- 
ments ? 

Mr. Reynolds. Yes; and if you will allow the speaker to follow me 
to take this up I will be very brief in what I wish to say in conclusion. I 
want to say this : While I am a wholesale grass-seed dealer, I stand alone, 
I think, in our association in being in the peculiar position of at the 



10 ADULTEEATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

same time being a wholesale grass-seed dealer and a farmer-seed dealer. 
I am out in Indiana, the greatest clover-producing State of this coun- 
try. We produce more clover than any other one State, and I am right 
in the very heart of that State that produces that clover. I buy that 
clover direct from the farmers. My part has been, and is still, to go 
out to the wagon where the farmer brings the seed from the farm, 
inspect that seed, see what he brings to us, determine what is to be 
done with the seed to make it fit to be planted again, and besides that, 
when the time comes that the other farmer who has not seed wants 
to buy it, we retail it to that farmer. I claim" that up from that hum- 
ble position must come the demand and the necessity of pure seed. 
I think I am in closer touch with it than I would be were I simply a 
wholesale dealer in a city who distributed the seed but did not come 
against both ends of it. 

I want to say, first of all, that any legislation that you propose or 
that we propose will be of much more effect and lasting benefit to the 
country if it is educational in its character than if it is intended to 
catch the transgressor only. 

Mr, TowNSEND. Can you tell us briefly as a practical man what 
evils you have met ? 

j\ir. Reynolds. Fhst, a lack of knowledge on the part of the farmer 
as to what he should plant — I mean what grade of seed — a laxness 
and carelessness as to what he should sow, for if he plants seed of low 
germination or low quality of any kind he is going to, in a measure, 
be damaged. Pai^ticularly, now, is that true if it contains obnoxious 
seeds that remain in his soil and do him damage next year. 

I want to put another thought here, and that is this : That we, the 
grass-seed people, believe that it is absolutely impossible to frame and 
formulate a bill that will regulate the grass-seed business and that will 
be applicable to garden and vegetable seeds. The first reason is 
this — I had just started on that — that the farmer sows a field to grass, 
clover, or whatever it may be. If it is grass, it is not capable of cul- 
tivation. What grows there is harvested with it. It is not weeded, 
it is not pruned, it is not in any way changed until harvest time comes, 
and he harvests what is there. Not so with flower, vegetable, and 
garden seeds. They are capable of change. If he gets a few obnoxious 
ones there, he may be able to change it. Therefore, mstead of there 
being less need for a pure grass seed to plant than there is for vegetable, 
it is more necessary, because, once planted in the soil, it is beyond 
the control of the sower or planter to change the condition of the 
stuff he must harvest. I find this about itT An}^ bill that will edu- 
cate rather than penalize the seed trade of the countrj' is the desirable 
bill. It can not be accomplished in a day or a week or in 3'ears, but 
it can be benefited and the farmer can be benefited if he is brought 
up and compelled to plant a better grade of seed than he has here- 
tofore planted. 

When you go to analyzing this bill, you A\ill find there is one thing 
that we have striven very earnesth^ to accomplish, and that is to 
utilize so mucli of the seed tliat is brought from the farmer as is pos- 
sible to be utilized without injuring the future of your farms. For 
instance, if a man brings to me seed that is badly mixed — in this bill 
we use the term "adulterated;" of course that is not just a good 
word to apply to tlic farmer, because it is grown with his seed — we aim 
to use as much of the seed as is available. But I know that in order 
to make that seed of the required quality and condition which that 



ADULTERATION AND MISBEANDING OF SEEDS^ BULBS, ETC. 11 

farmer ought to plant next year there ought to be some restraint as 
to what would go commercially into that seed. Therefore I come 
in contact, as I said, with both ends of the proposition. There are 
other gentlemen who will speak on these points you have asked about 
later on. But I want to say to you that the greatest service that this 
committee or this bill or any other bill can be will be to put the seed 
trade in position to begin to educate the farmer. 

Mr. Adamson. Is not the Agricultural Department giving atten- 
tion to that phase of the subject through its bulletins and general 
work? 

Mr. Reynolds. Yes; there is a great deal of work being done 
along that line. But if there are 10 per cent of the seed trade of the 
country allowed to do anything they want to do, and there are 60 or 
70 per cent of the farming community which has no concern about 
the matter, which is a fact, the average farmer is not deeply con- 
cerned about that matter; he thinks he has slid along that far and 
will continue to do it. Something more is needed. 

Mr. Adamson. Do you not think this legislation is in aid of that ? 

Mr. Reynolds. We certainly do. I believe you came in since I 
made my first statement. We come here constructively asking for 
legislation, and offering our services. 

Mr. Adamson. That has been a favorite practice in the best 
educational institutions, to penalize the boys three or four times a 
day with the hickory. 

Mr. Reynolds. But sometimes that did not turn out the best boy. 

Mr. Adamson. He was smart enough to dodge. 

Mr. Reynolds. We want to be of whatever assistance we can to 
this committee, to get a bill that may begin at the bottom and bring 
up the whole grass seed proposition, and again I want to emphasize that 
this does not apply to flower or vegetable seed; we are speaking only 
of grass seed. I think it is not worth while for me to continue further 
in my statement of this affair. I only want to emphasize that we 
want to be of service to this committee, and this committee to be of 
service to us, in getting the best possible bill. We do not claim that 
this bill, gentlemen, is all that experience will bring about, but we 
think it is a good starter, and gives a bill which, in the future, will 
control the seed trade, as far as possible to control a business and 
still not ruin or injure the business. 

Mr. Sims. To which bill do you refer, the first or second? You 
say "this bill," but you do not name it. 

Mr. Reynolds. This bill — 29163 — which is to be treated by para- 
graphs and sections by the gentlemen who will follow me. I would 
be glad to answer any questions along the line of my remarks, if 
there are any. 

The Chairman. We will have to hurry on. 

STATEMENT OF MR. KIRBY B. WHITE, SECRETARY OF D. M. 
FERRY & CO., SEEDSMEIf, OF DETROIT, MICH. 

Mr. Woodruff. I would like next to introduce Mr. Barby B. White, 
of Detroit, Mich., who will speak on the garden-seed side of the 
proposition. 

Mr. White. Mr. Chairman and gentlemen, the first thing that 
probably comes to your mind is the reason why the garden-seed people 
are perfectly in accord with bill 20373. As so directly pointed out by 



12 ADULTERATION AND MISBEANDING OF SEEDS, BULBS, ETC. 

Mr. Mann, the reason is that 20373 does not apply to garden seed, and 
we have no objection to your legislating on that any more than on the 
Panama Canal Exposition. But there is good reason for our object- 
ing to any Federal legislation on garden seeds as such. 

I do not expect to convince you at once, but I expect the argu- 
ments I will present will start you to thinking. All of the objects to 
be covered by any seed legislation that anybody ever wanted are 
comprehended under three heads — to prevent the spread of weeds, to 
see that the purchaser gets the kind of thing he supposes he buys, and 
to see that the seeds that he buys are alive and not dead. There is 
not anything else in the whole field of seed legislation that anybodj^ 
ever aimed at. 

Now, with regard to the spread of weeds. As the gentleman who 
preceded me said, weeds do not come in garden seeds, from the nature 
of the Qase, because garden seeds are grown under a liigh state of 
cultivation. The people who produce garden seeds in France, Ger- 
many, Holland, and all over Europe, and in our own California, ^row 
them in gardens, and it is to their financial interests to see that weeds 
are kept down. Those seeds are harvested by pamstaking labor, by 
hand, as a rule, and weeds do not have an opportunity to get in. 
In the main, then, and except in very extraordmar}^ cases, weeds do 
not appear in garden seeds at all. Hence there is no need for any 
legislation to keep garden seed clean of weeds. 

The next point is that the purchaser is expected to get what he hujs. 
In our own practice it is very rare indeed that he does not get the 
variety which he supposes he buys. It is true sometimes that the 
variety which he buys does not come up to the description given in the 
catalogue. For instance, when Mr. Luther Burbank introduced the 
wonder berry, and it was sold under glaring advertisements, I do not 
tliink anybody charged that when a man bought wonder berry of 
Mr. Burbank, through his representatives, he did not get wonder 
berry. The only charge was that possibly Mr. Burbank was misled 
through his enthusiasm as to the value of the wonder berry. But 
that is not a matter which Federal legislation can control, so far as I 
know. 

Mr. Adamsox. He did not have a reliable artist to make the 
pictures; he exaggerated them. 

Mr. White. As the representative of a garden-seed house I should 
like to say this, we have just gotten out an entirely new set of illus- 
trations for our packets, and the amount of labor that has gone into 
making those illustrations accurate is beyond any commercial 
expectation whatever. We have endeavored to make that thing 
what it is, because we have long since covered all the territory of this 
United States, and we have got to sell to the same people again. Now, 
does it not a))peal to your sense of commerce that it is better for us 
to sell these peoj)le, as we have for three generations, what the goods 
are represented to be, than to find a new set of suckers every year — 
if you will excuse that word ; I forgot myself. It is a fact that it is to 
our commercial interest, laying aside all matters of honor, to satisfy 
these people with what they get. In practice the only time that I 
know of in any seedsman's business that the purchaser does not get 
exactly what is represented as to the variety is when, by some error, 
a wrong bag gets in; that is, when a packet of some other variety gets 
into the packet of the variety which is being filled; and we prevent 



ADULTEEATION AND MISBEANDING OF SEEDS^ BULBS, ETC. 13 

that, as far as possible, and no amount of legislation could make us 
any more careful than we are. 

This brings me down to tho third point, and the thing on which I 
think 3^ou aro probably most insistent, anfl that is, that the seeds 
which a man buys shall be alive and not dead. It woukl seem this 
was a matter which meant the most careful protection to the buyer. 
As a matter of fact, it is not true that the purchaser of garden seed 
needs any Federal protection, or an}' State protection^ as to the 
viability of the seeds he buys. As a matter of fact 98 per cent of all 
the garden se3ds sold are represented by the association, which is 
here represented; 98 per cent of all the garden seeds sold in this 
country are represented here. In our business we have practically 
no complaint of the viability of the seeds we sell. As a matter of 
fact the seeds grow, but the value of seeds does not depend upon the 
viability; it depends more upon the quality of the product. It is 
just the same as it is with cows. A thoroughbred cow is no more 
alive than a runt. But the amount of butter fat that that cow will 

Eroduce may be three times as great. The value is not in the via- 
ility so much as in whether or not it is thoroughbred seed, and 
frequently thoroughbred seed does not test as much as seed of poorer 
quality and much higher viability. The highest viability comes in 
the wild stuff. That is a point m biology that you can not get around. 
I should like to adduce, as evidence that a purchaser needs no pro- 
tection, not only the fact that we, as seedsmen, have very little com- 
plaint of viability, but a circular published by the Department of 
Agriculture, Bulletin No. 131, part 1, on the germination of vegetable 
seed. That bulletin was published in March, 1908, so it is compara- 
tively recent. In that bulletin there are tabulated 27 different kinds 
of seed — the ordinary kinds of seed — and that represents the viability 
tests of the Department of Agriculture on 27 different packeting 
houses, representing practically all the seeds that are sold in packets; 
and I think no one will claim that the viability of seeds sold by the 
pound or ounce is less than the viability of seeds sold by the packet. 
The average of all the viabilities for each kind is reached. For the 
27 different kinds — and, as it chances, the 27 different packet houses — 
the average number of plants of all kinds which a purchaser would 
get for 5 cents, putting the seed up in the quantity m wliich most of 
the seeds are put up, is 923 plants for a nickel. Of that average the 
lowest is represented by watermelon. The average viabiHty of 
watermelons sent out by all these houses is 64. There are, of course, 
in a packet of watermelon only a few seeds, because the seeds are so 
large that the packet will not hold verj^^ many. The average num- 
ber of plants which would be obtained by the average number of 
seeds is 49. That is the lowest of all of them. They range from 
that up through the thousands. The average number of sprouts 
which the purchaser would get out of a packet of seeds of rutabaga 
was 2,212; the average number of sprouts of lettuce was 2,250, I 
submit to you, gentlemen, that there is no practical need for pro- 
tecting the buyer on the viability of commissioned packets as sold. 

There is not only no need of protecting the buyer of vegetable 
packets with regard to weed seeds and to see that the purchaser gets 
what he supposes he buys, or protect him to see that the seeds are 
aHve, but I very much doubt if you constitutional lawyers here would 
want to legislate on this question anyway, because if you did so you 



14 ADULTERATIOX AND MISBEAXDING OF SEEDS, BULBS, ETC. 

would be holding the seller of seeds responsible for the operation of a 
natural law which he can not control and the actions of which he 
even does not know infallibly. The association of seed analysts here 
represented will tell you that there are no two experiment stations 
in the United States which infallibh^ get the same result at the same 
time as to the viability of a given lot of seed. 

Mr. EscH. Do you mean the same lot of seed ? 

jVIt. White. The same lot. You take an ounce of seed and dis- 
tribute that 1 ounce of seed to six different experiment stations, 
exactly as was done by a seedsman from Iowa, and you would have, 
perhaps, in that 1 ounce of seed, tested at six different experiment 
stations, six different viabihties, ranging from 50 to 80 per cent. 
If you pass a law holding a man responsible for the truth of the 
statement which he makes regarding the viability of seed, you can 
send him to jail. 

Mr. Hubbard. How do you account for that variety ? 

Mr. White. I can not account for it. 

Mr. Hubbard. The soil in which the experiment was made, or 
the temperature 

Mr. White. I can not account for it. It is not accounted for even 
by the analysts themselves; they do not Icnow. All we can say is 
that that is the operation of a natural law that as yet we know very 
little about. 

Mr. Adamson. The same stalk or plant produces different qualities 
and varieties of seed, and improvements are made by selections of the 
best from the same stalk. 

Mr. White. That is quite true; but that is the element of quality 
rather than viability. 

Mr. Adamson. I know; but it demonstrates the impossibility of 
having all of them alike in one packet. 

Mr. White. That is exactly true, and perhaps that accounts for it. 

The Chairman. Do you mean that in your house, in your testing 
department, you can not tell, within 50 to SO per cent, what number 
of live seed there are in a packet? 

Mr. White. I mean exactly that, that sometimes a test will vary, 
put in on the same day, as much as 40 per cent. I do not say that 

15 the rule, Mr. Mann. 

The Chairman. I want to know whether, in your testing depart- 
ment, you are unable to determine, to between 50 to 80 per cent, 
whether that seed is good or not ? 

Mr. White. We are sometimes unable to do it. 

The Chairman. Of course you never can tell, sometimes. 

Mr. White. That is right. * 

The Chairman. Then, you say you are not able to do it ? 

Mr. White. If you are willing to judge us on the average, that is 
right; but you would have to convict us on particular cases, and that 
particular case might be the case in which this thing was less in 
viability. 

The Chairman. But you do not know whether you can do it or 
not; you say it is impossible to tell? 

Mr. White. I do. 

The Chairman. Whether it is between 50 and 80 per cent. Then, 
in your house, you can not tell, within from 50 to 80 per cent, whether 
your seed is good or not ? 



ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 15 

Mr. White. Not with any certainty. 

Mr. Hubbard. Just there, will you let me know the extent of the 
variety which has actually been found to exist where these six tests 
were made by different analysts, the difference between the per- 
centages that they found ? 

Mr. White. The lowest was 50 and the highest was 80. 

Mr. Hubbard. Has the experiment been made by giving those six 
parcels out of this ounce to one man who experiments on them in the 
same place ? 

Mr. White. That frequently is done. 

Mr. Hubbard. When that is done what is the extent of the variety ? 

Mr. White. The same stuff may vary, and frequently 'does. 

Mr. Hubbard. I am asking you for actual tests. 

Mr. White. For an actual case, I will have to refer to the oldest 
seed tester in the United States, who is here present. He has been 
testing seed under the first law that was ever enacted regarding seeds 
in the United States. 

Mr. Hubbard. Do you know the results of the tests he has made ? 

Mr. White. I can not answer. He is here; he can answer for 
himself. 

The Chairman. You are referring to tests in the soil, I suppose? 

Mr. White. Yes; all of the tests which are made b}" the concern 
which I represent are made in the soil. We do not make any other 
kinds of tests at all. 

The Chairman. You do not make any tests for viability of seed 
except by planting ? 

Mr. White. That is all. I may sa}* right here, there is no way of 
telling the viability of the seed except by planting it. You can not 
tell it by inspection; there is no other way. 

Mr. Richardson. You contend, then, that you can not possibly 
mark the seed on account of the variety that is in there ; you can not 
designate what is in there ? 

Mr. White. We can not say of a certainty the viability of the seed 
that is in there. 

Mr. Richardson. You are required to mark the contents to indicate 
to the person what you are selling. Could you not put on that such 
a mark as would indicate there was a variety in there ? 

Mr. White. A variety of viability? 

Mr. Richardson. Yes; a variety of seed in there. 

Mr. White. If we did that it could only be advisory, because, as 
I say, no man knows the viability of that seed. The only way he 
could find out the viabihty of the seed in a given packet would be to 

giant that seed; and having planted that seed, of course, it can not 
e sold. 

Mr. Richardson. This law was intended, you know, to admonish 
the purchaser and to regulate the dealer, the filler, in telling what is 
really in that packet. Would the variety indicate to the purchaser 
that there were different qualities in that seed, or something of that 
kind, so as to admonish him ? 

Mr. White. Are you speaking about how much of that seed will 
growl 

Mr. Richardson. Yes. 

Mr. White. I see. As a matter of fact, as I have shown you from 
the figures here that there is not any practical need of that, because 



16 ADULTERATION .AND MISBRANDING OF SEEDS. BULBS^ ETC. 

on the average it grows a great deal thicker than the farmer wants 
it anyway. He has to thin it out, and there is not any need for it. 

Mr. KiCHARDSON. You have heard but httle complaint of the peo- 
ple who sell seeds throughout the United States selhng adulterated 
seeds, have you ? 

Mr. White. There is no adulteration, so far as I know, of garden 
seeds. 

Mr. Richardson. There has been no general complaint ? 

Mr. White. There is not any. I may say that we sell seeds in 
every hamlet in this countr}^, and we have been in a position to 
know. 

Mr. Richardson. What do you understand this to mean ? It says, 
''Seeds and bulbs, and things of that kind." Are those bulbs raised 
to dispose of by nurserymen ? 

Mr. White. If you do not mind, I would like to refer 3-ou to the 
man who will speak especially on bulbs, because he is a great deal 
better informed on that subject than I am. 

If legislation were needed, if you were going to legislate, if there 
were a practical demand for it and it were needed, on the subject of 
viability, would you want a Federal law to protect the purchaser in 
the quality of the stuff that he bought, or would you leave that, sup- 
posing that a law were needed, to the States ? I ask you, is there 
any case of the Congress of the United States passing a law to see 
that the purchaser receives his money's worth when he buys a com- 
modity which does not affect his health? We all applauded and we 
all rejoiced over the pure-food law. 

Mr. Adamson. When you consent to that you giv^e up this, because 
this is more important than that. 

Mr. White. The difference is right here. When a man buys food 
that is adulterated he poisons himself; when a man buys seed, sup- 
posing there were such a case, which was not as much as it ought to 
be, his pocket only is tiff ec ted. 

Mr. Adamson. You are going to make it a matter of detail, accord- 
ing to the necessities of each individual person, and you might as well 
abandon the other and go on and let Congress do everything. 

Mr. White. Is Congress ready to embark on the field of Federal 
regulation with regard to saying that the purchaser of every 5-cent 
packet of seeds, or every $2 pair of shoes, or every ice-cream freezer, 
or anything of that kind, shall get his money's worth ? 

Mr. Adamson. We have already entered upon it, and in less than 
25 years they will trim the corns and toe nails and name the babies. 
[Great laughter.] 

Mr. White. Gentlemen, I do not need to say any more. 

The Chairman. Can you tell sugar-beet seed from garden-beet seed ? 

Mr. White. No, sir. 

The Chairman. Can you tell mangel-wurzel seed from garden-beet 
seed? 

Mr. White. I am not a seed expert; I do not know whether they 
can be distinguished, but I can not tell them. 

The Chairman. You say you are not a seed expert. I supposed 
you were here as a seed expert. 

jVIt. White. I have been engaged in the seed business for 17 years, 
and of necessity ajiy business is diversified and requires specialization, 



ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 17 

and my specialization has not been along the line of determining from 
the appearance of the seed what that variety is. 

The Chairman. But you come as an expert and tell us that you 
can not mix weed seed with garden seed, that you can not tell the 
varieties of garden seed, and that it is impossible to tell the viability. 

Mr. White. I have told the things which I knew. 

The Chairman. Are you an expert on those three things ? 

Mr. White. So far as the statements I have made here are con- 
cerned, I know they are true. More than that, I make no claim to 
be an expert. 

The Chairman. Is the trade able to distinguish the difference 
between a mangel-wurzel seed and a garden-beet seed? 

Mr. White. So far as I am concerned, I can not. I do not laiow 
what the rest of the trade can do. I can refer you to some other 
seedsmen here who can answer that. 

The Chairman. You know, there is a tariff of 4 cents a pound 
on garden-beet seed, and no tariff on mangel-wurzel seed or sugar- 
beet seed. 

Mr. White. That is quite true. 

The Chairman. Do you think there is an}" garden-beet seed 
imported into the country as sugar-beet seed ? 

Mr. White. Not to my knowledge. 

The Chairman. Do you think there is any I 

Mr. White. I do not. 

The '^^ha.irman. Do you think there is any way of determining 
whether there is or. not, so far as the customhouse is concerned? 

Mr. White. If the seeds are not distinguishable b}' the appearance, 
I do not see how there is any way. 

The Chairman. You know there is a tariff of 8 cents a pound on 
kale seed, and no tariff on seed; can the trade distinguish 

the difference by the appearance of the seeds ? 

Mr. White. Not so far as I know. 

The Chairman. There is a tariff of 4 cents a pound on turnip 
seed, but no tariff on mustard seed ; can they be distinguished by the 
appearance ? 

Mr. White. Not so far as I know. 

Mr. Kennedy. They can by taste, can they not ? 

Mr. White. They might distinguish mustard, but the other seeds 
are so nearl}^ alike that I do not believe they could distinguish them. 

Mr. EscH. This bill states, provided there does not appear plainly 
on the packet the year of packeting. Is it possible, or is it the 
practice of the seed houses, to warehouse seed a year or two before 
packeting ? 

Mr. White. That very frequently is the case, because the only way 
to determine the quality of seed is to plant part of it. Take, for 
instance, radish; the only way to determine the quality of that seed 
is to have a trial in the ground, and compare all the radishes, and see 
how true they are to the type. In order to make the requisite quality 
trials, it frequently is necessary to carry that seed over to another 
year; and the best buyers of seed — when we sell seed to another seed 
house or when we have occasion to buy seed of another seed house — 
would not think of buying seed that was not at least a year old, in 
order that these quality trials might have been obtained. 
77746—11 2 



18 ADULTEEATION AND MISBRANDING OP SEEDS, BULBS, ETC. 

Mr. EsCH. So that the purchaser of a packet would not know, 
within one or two or three years, possibly, of the time of the pro- 
duction of that seed ? 

Mr. White. He would not. 

Mr. EscH. Wliat is the percentage of deterioration a year of seed; 
is there any known schedule ? 

Mr. White. There is not any knowTi schedule. It not infrequently 
happens that seed tests better the second, third, or even fourth year, 
than it did when it came in from the farm. All that the buyer can do 
is to trust to the self-interests of the seller to sell him goods that will 
redound to his credit. 

Mr. Adamson. Will garden seed generally germinate after three or 
four years ? 

Mr. White. It depends altogether upon the kind. 

Mr. Adamson. Not on how they are kept? 

Mr. White. Of course on how they are kept. I stand corrected. 

Mr. Esch. So that the placing of the year on the packet is not of 
so much real advantage to a purchaser? 

Mr. White. I do not see how it is of any advantage except to this 
extent, that it might be that seeds which are sold by concerns which 
sell their packets outright might lie around in a country store for two 
or three years after they were received by the retailer, and in that case, 
if they were marked with the year in which they were packeted, the 
buyer would have an opportunity to know how long the retailer had 
had them in his possession. 

Mr. Sims. Does not your company take up aU the seed each year 
for which there are no buyers ? 

Mr. White. Yes. 

Mr. Sims. I mean for retail purposes. 

Mr. White. Yes; our concern takes it all up, and it never sends 
out a packet a second time. 

Mr. Sims. If it is as good as it was the first time, why not ? 

Mr. V-/HITE. Because of this fact, that viability is a matter which 
we have very little control over, and when you come right down to it, 
not very accurate knowledge of. It is to our interest to see that the 
viability of the seed that goes out is as good as we can make it, 
because we want to sell them again. 

Mr. Sims. What do you do with these seeds you take up ? 

Mr. White. When these seeds come up there are certain seeds, 
like parsnips, which have to be destroyed or used for other pur- 
poses. We have a farm. We have at present 2,000 sheej) and 180 
steers on the farm, and a good mnny old seeds which have lost their 
viability we cook up into a ration. 

Mr. Sims. In other words, you retest them, and only send out 
those which are still good ? 

Mr. White. Those that are still go(Kl we have no hesitation in 
sending out again. 

"^rhe C^hairman. Where do you test youi- seed? 

Mr. Wfiite. They are all tested at our trial grounds in Detroit. 

The Chairman. That is. it is inside under glass? 

Mr. White. All our viability tests in winter are of necessity 
inside. In the summer we open the windows and get it as coolfas 
we can, because it gets very hot in Detroit. 



ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 19 

The Chairman. Did I understand you to say you never sent out 
any seed until the second year ? 

Mr. White. Oh, no. Sometimes we are compelled by the neces- 
sities of trade to send out seed without having kept it a year. 

The Chairman. But you ordinarily keep your seed a year before 
it is sent out ? 

Mr. White. The majority of it is so kept. 

The Chairman. And you deem it practical to keep that seed a 
year before sending it out ? 

Mr. White. Quite so. 

The Chairman. That is, you would not send out seed produced 
In 1910 before 1912? 

Mr. White. That would be the probability. 

The Chairman. That is the ordinary custom of your house ? 

Mr. White. That is the custom of our house. 1 want to say that 
the results of the viability tests of seed sent out by our house, as 
indicated by the Department of Agriculture, you will find on inves- 
tigation are altogether to our credit, I have no hesitation in saying. 

The Chairman. Do you want us to publish the tests ? 

Mr. White. I should be delighted to have you publish the tests of 
our house; I do not speak for anybody else. 

The ChL'^.irman. We have your consent ? 

Mr. White. You have my consent to publish the viability tests of 
the seed of our house, and the more you publish them the more we 
will like it. 

The Chairman. That remains to be seen. [Laughter.] 

Mr. White. I grant you that. 

STATEMENT OF MR. GEORGE S. GREEN, OF CHICAGO, ILL., REP- 
RESENTING THE WHOLESALE GRASS SEED DEALERS' ASSO- 
CIATION. 

Mr. Woodruff. I would to call next upon Mr. George S. Green, 
of Chicago. 
• The Chairman. How much time will you want ? 

Mr. Green. That depends altogether. I think I could get through 
in 15 or 20 minutes with a general statement of what I want to say, 
and submit the suggested revision of your bill for future considera- 
tion. If we have to go into the detailed changes suggested in this 
bill, and I have to answer questions, it would probably take me a 
longer time. 

The Chairman. I would suggest in that respect that you leave 
with us, for printing in the record, a copy of the bill with the changes 
that you have suggested written in as a part of the bill, and the com- 
mittee will be able to compare all those bills. 

Mr. Green. If it would be in order, I think it might be well if each 
member of the committee had a copy of this. 

Mr. Townsend. Have you copies for each one of them ? 

Mr. Green. Yes; we have printed copies. 

Mr. Richardson. Mr. Mann has two bills in here, one by request, 
20373, and 29163. To which are you addressing yourself? 

Mr. Green. I will say just a few words in regard to the first bill, 
20373, first. 

Mr. Richardson. That is introduced by request. 



20 ADULTEEATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

Mr. Green. Yes; I will have just a few words to say in regard to 
that. I simply want to put myself on record as appro vine; heartily 
of what Mr. Reynolds has said. As I said, this bill, reoardins; impor- 
tations, has the full approval of, and is heartily indorsed bj^, the 
grass-seed trade of the country. We hope it mil be passed, and as 
promptly as possible. We believe it will correct certain cryina; evils, 
and that those evils should be corrected. We heartily approve of 
that bill as slightly amended. 

As to 29163, I stand heartily with Mr. Reynolds in approving of 
the general principle of Federal legislation regarding interstate com- 
merce in seeds, if it can be made reasonably just and of benefit to 
American aqriculture and not destructive to the seed trade. As it 
stands, the bill that j^our chairman has prepared I do not think fully 
meets those conditions. I believe it needs changing-. I believe the 
intent of the bill is ri-rht. I believe that it needs revision to make it 
a practicable, helpful law, and it is with the thought of having such 
a practicable and helpful law that we have suggested thete changes. 

I think, as the time is planned here, it will be impossible to go over 
all the details of the changes suggested, and I think I would like very 
briefly, or as briefly as may be, to emphasize the most important 
points wherein v/e think the bill needs changing. 

To get right into the meat of it, this bill attempts to regulate the 
quality of seed, especially for export to foreign countries. We think 
that is a mistake. We think that foreign buyers should know what 
they require; that they come nearer to knowing what they require, 
perhaps, than the general trade in this countr};^. They have been 
better educated along seed lines, in many instances. We believe 
that there are lots of parcels of seed which are commercially valuable 
in other coimtries which this bill, as it stands, would prohibit from 
export. We believe that is not economical. 

Mr. Hubbard. Do you mean they would be inferior in some 
respects ? 

Mr. Green. They would not meet the requirements of tliis bill, 
but would be commercially valuable where they were sent. 

Mr. Hubbard. Wliy ? What would be the difl'erence ? 

The Chairman. If I understand 3^our position, it would be that 
some seed, for instance, that might be adulterated under this bill, 
mixed with certain kinds of weed seeds, would be sent to countries 
where those weed seed would be of no material disadvantage, that 
they would not propagate. 

Mr. Green. That is one of the points; there are others. That is 
an illustration in point. We very earnestly protest against any pro- 
vision in the bill in regard to the export of seeds. I want to make 
one more point in tliat connection. We believe that tlie prohibition 
of the export, even of harmful seeds, or seeds that might be harmful 
under certain conditions, is unwise. It tends to keep these weed 
seeds for lesowing in the localities where these respective weed seeds 
thrive and flourish, and hence continues to poison the home source 
of supply; wliereas the export of such seeds to countries where those 
weeds do not thrive serves a useful commercial purpose, and helps 
to clear the source of supph", because, of course, most buyers prefer 
pure seeds. fi"ee from weeds. 

Mr. Richardson. Do you not think if that policy were pursued, 
and it was understood by foreigners, after awhile, that we were ship- 



ADULTEKATION" AND MISBRANDING OF SEEDS, BULBS, ETC. 21 

ping anything from this country to them that did not hterally comply 
with the laws of our own country, and in the nature of an imposition 
upon them, it would finally become a discredit to this country, and 
jour trade would cease ? 

Mr. Green. No; because they would not buy that kind of stuff. 
They know what they want, and if we give them what they want I 
think our duty is at an end. 

Mr. Richardson. I should not think they would want anything in 
the way of a commodity or a product that did not comply with the 
laws of our own country^ — -that would be condemned here by our own 
laws. I do not think any foreigner or any other man would want that. 

Mr. Green. I will give a concrete illustration of that. In the dry 
country, in the western part of Kansas and in Colorado, a very trou- 
blesome weed thrives, called Russian thistle. This plant has its hab- 
itat in that dry country, and it grows and multiplies there. Many lots 
of alfalfa seed have very high percentages of Russian thistle, so high 
that they could not, under the provisions of this bill, be sent as seed 
ready for seeding into use anywhere. These very parcels of alfalfa in 
some years are very highly valuable elsewhere. They are valuable in 
parts of this coiuitry . But, for the sake of my argument, I will say they 
are valuable in European coimtries where the climatic conditions are 
not similar to these dry, arid conditions and where this plant, this Rus- 
sian thistle, will not and does not thrive. The seeds are viable; they 
are highly valuable, and why we should undertake to prohibit the 
export of such goods is more than I can understand. 

Mr. Bartlett. You have a very high Biblical authority to do that 
sometimes. According to the Levitical law, when an animal dies a 
natural death it should not be eaten, but should be given to the 
stranger within the gates. [Laughter.] 

/ Mr. Green. I do not look at it from that standpoint. I hope I 

have made it clear. As to the penalties, we think the chances for 

i error are such that if this law is to be educational the imprisonment 

I penalty would better be left out, at any rate until some future time. 

That is all I will say on that point. 

Section 2 reads: 

That the Secretary of Agriculture shall make uniform rules and regulations for 
carrying out the provisions of this act and, for the same purpose, may from time to 
time publish standards, etc. 

Another later paragraph goes more into detail with regard to that 
and provides, in section 6, that when such standards have been pub- 
lished by the Secretary of Agriculture, seeds conforming to those 
standards may be marked ^'United States standard," and providing 
a penalty for any goods improperly marked with those words. It is 
not necessary to quote the whole bill. I am going to take the liberty 
of reading from a letter that I wrote Mr. Mann last winter in regard 
to this point, because I think it states my position more clearly than 
I could otherwise do: 

February 12, 1910. 
Hon. James R. Mann, Washington, D. C. 

Dear Mr. Mann: I am in receipt of yom- letter of February 5, for which accept 
thanks. I shall be glad to have printed copies of the suggested outline for bill regard- 
ing importation of seeds, when it is printed. 

The meeting of committees representing the leading associations of seedsmen in 
the United States was held in Chicago February 9, as planned. After a prolonged 
discussion of the subject we found the problem of evolving a satisfactory law dealing 
with interstate commerce in all varieties of seeds as difficult and perplexing as ever. 



22 ADULTERATION AND MISBRANDING OF SEEDS,, BULBS, ETC. 

It was the opinion of the majority of those in attendance at the meeting that no law 
should be enacted in which garden seeds and bulbs were included under the same 
provisions as might properly apply to grass and clover seeds, because the conditionB 
of production and use of these two classes of seeds are so radically different. 

It was also thought that it was unwise to provide for arbitrary standards, to be fixed 
by the Secretary of Agriculture, for the following reasons: 

First. It is believed to be impossible to make such standards properly conform to 
the varying requirements necessitated by varying climatic and crop conditions 
attending the production of seed. 

Second. The best methods of testing seeds for purity and germination which are 
now in use are not sufficiently uniform and accurate, and the vitality of seeds not 
sufficiently stable to warrant imposing heavy penalties for the sale of seeds falling 
below a certain arbitrary standard. 

Third. While purity and germination constitute the only available basis of arbi- 
trary standards, they are by no means a complete or accurate measm-e of the actual 
value of seeds to the user thereof. Color and size of seed, locality of production, 
trueness of type, excellence of strain, and many other qualities enter into the value 
of seeds, and in any given instance any one of these might be the determining factor 
in measuring their true value to the user. These cohsiderations make it manifestly 
unjust to allow the terms "United States standards" to be applied indiscriminately 
to all seeds of certain varieties which might reach certain standards of purity and 
germination, thus tending to create the false or misleading impression that they are 
all of equal value. 

Fourth. It is believed to be questionable public policy to place in the hands of 
any public officer the power to hamper any trade or business to the extent that such 
proposed standards would do, especially in a case where the knowledge of conditions 
of production and the apparatus and methods for making tests' are only now in the 
process of evolution and not by any means perfect. 

We believe that no legislation should restrict or prohibit the exportation of any 
class of seeds having commercial value in any foreign country. For example, there 
is now produced in this country clover and alfalfa seed in considerable quantities 
containing dodder. There is a foreign market for such seeds. There are certain 
climates and countries in which dodder does not thrive, and there is no sound reason, 
either commercial or moral, to absolutely prohibit the exportation" of such seeds. 
On the contrary, such prohibition would tend to cause such seed to be resown within 
our country. 

We believe that the provision in section 9, page 7, lines 20, 21, and 22, "or is or 
are of a quality forbidden entry into or forbidden to be sold or restricted in sale in 
the country from which exported" is unfair and would prove exceedingly burden- 
some, because it throws upon the importer the necessity of keeping thoroughly 
informed at all times about legislation in any foreign country from which he pur- 
chases seeds. Even then he coiild not be thoroughly protected, as some new law 
might be passed in the exporting country between the time he contracted for the 
goods and the time of shipments reaching the United States customhouse. Further- 
more, some restrictions which might be wise or necessary in the coimtry of production 
might be entirely unnecessary and imwise here. 

There are other n^ore or less important points in your i>n^j)os>'d law with regard to 
which the wording would seem to need change which we shall be glad to take up with 
you in conference should the necessity arise and opportunity be afforded. We ajijire- 
ciate the evident f;)ir-miuded spirit which has led you to eliminate so many of the 
burdensome features of your former bill, and we believe you will, upon retlec>tion, 
concede the force of our aruunionts slated above, and will not hastily introduce or 
urge a law unless you believe it to be in all respects suitable for the requirements of the 
situation. In the meantime our committee resolved to indorse my suggestion for a 
bill to prevent the importation of adulterated seeds unfit for planting, and to pledge 
you our support to help to secure the prompt passage of a bill co\ering this ground in 
case you should consent to introduce and vu'ge for passage such bill. 

Referring ag.iin to your letterof February 5 with regard to State seed legislation, will 
say that the sreneral sentiment of the trade has always been fovorable to a .single work- 
able Federal law governing the sale of seeds in prefcnMice to di\('r.><e Stale laws. How- 
ever, the legislatures of many States have already jiassed seed laws, some of them 
being very impractical)le and unwise, and other such laws are under consideration. 
The Boston conference was held with the hope that more uniformity and reasonable- 
ness might be secun>d with regard to Slate legislation, and it is hoped that thi^ situation 
will clear up somewhat during the next year. In the meantime it seems to us unfortu- 
nate to further complicate the situation by a Federal law which may not in any way 
work in harmony with the State laws now in existence or soon lo i)e passed. 



ADULiTEEATION AND MISBRANDING OF SEEDS_, BULBS^ ETC. 23 

I iinderetand you are one of the busiest men in Congreos. and this is a busy time of 
year with all seedsmen. It seems hardly probable that it will be possible to work 
out during the present session of Congress a bill governing interstate commerce in 
seeds which will be really helpful to agriculture and at the same time not unduly 
burdensome to dealers. Such being the case, would it not be mse to do promptly the 
thing which we are all agreed should be done, viz, stop the importation of low-grade 
and worthless grass and clover seeds, leaving for future attention the far more difficult 
task of framing a more comprehensive bill regulating interstate trade in seeds? 

Hoping to have your views with regard to this matter at your earliest convenience, 
and hoping that no further definite action will be taken without an; pie opportunity 
for further discussion of the subject, I am. 

Yours, sincerely, • Geo. S. Green, 

Chairman of the Committee on Legislation of the 

American Seed Trade Association. 

Will any opportunity be given to submit in writing some detailed 
objections to minor, and yet not unimportant, points with regard to 
this bill? 

The Chairman. I have a number of communications from seeds- 
men suggesting objections or amendments to the proposition, and 
without objection a^wj gentleman may send us any communication 
on the subject, which we will insert as a part of the hearing. 

Mr. Green. In order to save time I wdl pass by some things I 
might say with regard to other points in reference to the law, and 
finish what I have to say as briefly as possible. 

The Chairman. I might say, in connection with that, that written 
arguments will probably be just as effective as an oral statement, 
because there is no likelihootl that the committee will be able to take 
these bills up for final consideration at this session of Congress, unless 
it should be the import bill. I do not know what the chances would 
be for that. 

Mr. Green. If that can be hurried through at this session, I am 
sure seedsmen will be pleased. In regard to the other, I think we 
might have breathed a great sigh of relief two or three years ago in 
regard to that, as staving off an evil day. But we do not feel just 
that way now. I want to put myself very clearly on record, not- 
withstanding these objections I have made to this bill, I want to 
stand right squarely up with Mr. Reynolds as to the advisability of 
some reasonable national regulation of traffic in grass seeds. 

Mr. Bartlett. In order to get rid of the regulation by the States; 
I do not blame you. 

Mr. Green. Yes, sir. We not onl}^ want that, we want higher and 
better conditions in trade than now obtains. Notwithstanding all the 
faults of these seed laws, we have seen the benefit of the fear of the 
law upon the misdoer. I do not hesitate to say that the average con- 
dition of the grass-seed business of the country has been improved 
since the agitation. 

Mr. TowNSEND. ~\ATio has been the misdoer, the dealer or the 
grower ? 

Mr. Green. The records of the department best answer that. 

Mr. Townsend. Can you not tell us ? 

Mr. Hubbard. You are not asking for individual names ? 

Mr. Townsend. No; but I am asking if it is the dealer or the 
grower ? 

Mr. Green. The most unwise man has been the man who demanded 
low-grade seed and would not pay for high-grade seed. 

Mr. Townsend. That is, the buyer ? 



24 ADULTERATION AND MISBEANDTNG OF SEEDS, BULBS, ETC. 

Mr. Green. The most unwise man. If the satisfaction of the 
demand for this low-grade seed, which is economically unprofitable 
to sow in most instances, is criminal, probably all grass-seed dealers 
have been more or less to blame in the past; but to a ybtj decreasing 
extent. 

Mr. TowNSEND. Who is the man who demands that, the dealer or 
the farmer who sows it ? 

Mr. Green. The farmer, I think. 

Mr. TowNSEND. He wants bad seed ? 

Mr. Green. No; I do not think he wants bad seed; he wants cheap 
seed, and he gets bad seed because bad seed is, generally speaking, 
the only cheap seed. 

Mr. Richardson. Have you not discovered that when he buys 
cheap seed and gets bad seed, and he finds that out, he will quit that 
and go to getting good seed ? 

Mr. Green. Some of them do; an increasing number are doing 
that. 

Mr. Richardson. It just reforms itself, then? 

Mr. Green. Gradually. And I may say right here that there has 
been very great reform in the average quality of the seed demanded, 
and the average quality of the grass seed furnished, during the past 
five or ten years, and that thing will go on regardless of any law. I 
believe that we will sell better seeds; we will sell great quantities of 
seed higher in grade, better for the user than any arbitrary standard 
that you could possibly fix. I believe there is a demand for such 
stuff. I believe the demand is being satisfied, and there is less low- 
grade seed going into consumption all the time. 

Mr. Richardson. In what character of seed does that low-grade 
seed, that is sold cheap, mostly appear? Is it grass seed or clover 
seed? 

Mr. Green. I am speaking only for grass seed; I do not pretend 
to speak for the garden seed trade. 

Mr. Richardson. You do not speak for them? 

Mr. Green. No. J.ust a few moments and I will be through. 1 
have attended various committee meetings at different times, and I 
beheve that what Mr. Reynolds and I have said here i^eflects the 
positions of the trade. I beheve we are here constructivelv, not 
obstructively, and in furtherance of this constructive method. I have 
this final suggestion to make. Mr. ^lann has said that he thinks there 
is no probability that action will betaken on this bill, 29163, at this 
session of Congress. We do not believe this revised bill we have 
handed in liere is perfect by any means. We believe it could be 
improved b}- expert attendance and, in conclusion, for the grass-seed 
trade, or for the seed trade, if the grass-seed people will consent to tlus, 
I want to suggest that as soon as practicable after the urgent work 
that you })eople in Wasliington have in hand here is attended to, a 
commission be appointed of thj-ee Congressmen, preferablv from this 
committ(>e, tliree expert seed analysts, or representatives of the 
national or state departments, three experienced grass-seed dealers, 
and three garden-seed dealers. 

Mr. Richardson. Do you not take any of them from the Agricul- 
tural Department? 

Mr. Green. Yes; three seed analysts from the Agricultural 
Department; in other words, scientific men versed in the testing of 
seeds. 



ADULTEEATION AND MISBEANDING OF SEEDS, BULBS, ETC. 25 

Mr. Richardson. You struck this committee at an unfortunate 
time. We have just had a good deal of experience about getting 
scientific boards or commissions. 

Mr. Green. I am sorry for that. We like the scientific fellows 
pretty well, sometimes; and sometimes we do not. They are like all 
people; they are prone to error at times. 

Mr. Adamson. I suppose he thought this committee looked like a 
good group to select hayseeds from. [Laughter.] 

Mr. Green. Gentlemen, speaking seriously, some such method as 
that is likely, in my opinion, to prove far more effective for proper 
regulation of the seed trade of the country — of the grass seed trade 
of the country, as these gentlemen wish me to correct myself — than 
any such hearing as this in the brief time at our disposal. 

Mr. TowNSEND. Did I understand that improvements are being 
made all the while; that this is growing better constantly by the 
agitation you and these gentlemen are giving to the subject ? 

Mr. Green. I would not like to put it personally, that way. But 
things are growing better by the general agitation. 

Mr. Townsend. The farmers are gradually coming to understand 
that it pays to plant good seeds rather than weeds ? 

Mr. Green. Yes; and gradually becoming more and more willing 
to pay for them. 

Mr. EscH. How many States have regulations against seed 
adulteration ? 

Mr. Green. I do not know whether there is any gentleman here 
who could answer that question accurately or not. Mr. Boyles, 
could you ? 

Mr. Boyles. I think Mr. Smith, our attorney, could answer it 
better than I. Probably there are 12. I think there were 5 bills 
introduced this winter. 

Mr. EscH. Is there any uniformity in the standards fixed by those 
States ? 

Mr. Boyles. A few States have standards fixed, but most of them 
have not. Most of them have realized the unwise feature of stand- 
ards. 

Mr. Green. I am perfectly in earnest about this commission. 
The Chairman. You are just wasting breath on it. 
Mr. Richardson. Do not think about a commission. 
Mr. Adamson. I do not think you could pass any sort of a com- 
mission bill through the House now. 

The Chairman. In view of the fact that no one can distinguish 
between many seeds that pay a duty under the tarifi' bill from those 
that come in free, we might refer it to the Tariff Board. 

Mr. Richardson. Take these gentlemen sitting around here; 
they have plenty of sense and they understand this seed business, 
and if they come and tell us a plain tale do you not think this com- 
mittee can y)ass on it fairly ? 

Mr. Green. I have great confidence in the fairness of this com- 
mittee. 

Mr. Richardson. They will pass upon it fairly after hearing you 
gentlemen giving facts and statements; we do not want any com- 
missions. 

Mr. Green. I have confidence in this committee. I do not care 
whether vou have scientific men on it or not. But I would like to 



26 ADULTEEATIOl^ AND MISBRANDING OF SEEDS^ BULBS^ ETC. 

get together with some men where I could have an mterchange of 
views with them. 

Mr. Richardson. They would bring their report in and we would 
probably not pay any attention to it. But you come in here, practi- 
cal men, talking common sense, and the committee has no other 
purpose than to do what is right tor the good of the country, and we 
will pass on it all riaiht, instead of having a commission. 

The Chairman. We have been making progress in reference to this 
legislation, I tliink, do you not, Mr. Green ? 

Mr. Green. Yes: I think thpre is very marked ])rogress. 

The Chairman. On both sides ? 

Mr. Green. Yes. 

The Chairman. The committee has learned some things and so has 
the seed trade. 

Mr. Green. Yes, sir. 

The Chairman. And w^e are much nearer now than we were when 
we reported the bill originally ? 

Mr. Green. Yes; unquestionably. 

The Chairman. I tliink after awhile we will find you will come in 
here, as some people did the other da}" on another bill to which they 
were opposed some years ago, and all advocate a proposition. 

Mr. Green. I think so. 

Mr. Richardson. I can tell you what 3'^ou could expect if you got a 
commission. You would expect this committee to take the verdict 
of that commission and act on it. 

Mr. Green. No; I would not expect that of an}' congressional 
committee. I would think that the report of that commission would 
receive due weight. 

Mr. Hubbard. You would expect them to agree with you, would 
you not, substantial^, and if so, they would simply come here and 
say what you would say, would they not ? 

Mr. Adamson. You would hke to know that the commission has 
your views when you parted, would you not ? That is generally the 
situation. 

Mr. Green. Yes. 

Mr. Richardson. You would give the commission your views, and 
you would 8X])ect them to carry them out. 

Mr. Adamson. Nobody wants a commission except to adopt his 
views. 

Mr. Green. Yes. We have great confidence in them, because we 
beheve our views are right. 

Mr. Richardson. You see, we have seen all that demonstrated 
with other commissions, and we are tired of them. 

Mr. Green. I am ready to yield the floor. 

STATEMENT OF MR. CHAKLES D. WOODS, DIRECTOR OF THE 
MAINE AGRICULTURAL EXPERIMENT STATION, OF ORONO, 
ME., REPRESENTING THE ASSOCIATION OF SEED ANALYSTS. 

Mr. Woodruff. We next have a gentleman whom we have brought 
here. Some one criticized me for attempting to use the term "we 
have brought here" — we have invited here. He is here because we 
invited him, I suppose, not that we thought he was representing the 
seed trade at all, out this gentleman has had a world or experience in 



ADULTEEATION AND MISBRANDING OF SEEDS^ BULBS^ ETC. 27 

seed testing, as a scientiiic man, and with the oldest seed law there is 
in the United States, I believe some 14 3^ears. That gentleman is 
Dr. C. D. Woods, of Orono, Me., director of the Maine Experiment 
Station and also the president of the National Association of Seed 
Analysts. A year ago, December 19, 1909, we had a meeting in 
Boston at which were present some representatives of 15 different 
State experiment stations, I think, together with a large delegation of 
seed men, and this matter of seed viability and testing was thrashed 
out at that time, and Dr. Wood can tell you his ideas as to whether 
legislation affecting grass seeds can be equitably drawn ; also affecting 
garden and flower seeds. He can tell you as to uniformities in testing 
seeds by the various experiment stations. 

The Chairman. Suppose w^e hear him. Mr. Woods, of whom is 
that association composed ? 

Mr. Woods. The Association of Seed Analysts is composed of men 
who are officially charged with the carrying out of laws, wdth the pro- 
fessors who are in the various institutions, such as State colleges and 
the Department of Agriculture, who are interested in the promotion 
of pure and improved seed; that is, it is an officially controlled body, 
coupled with scientific men who are not charged by law with its 
enforcement. It is not the function of this association to dictate 
legislation, or even to do very much suggesting along the lines of 
legislation ; but inasmuch as seed legislation in America is compara- 
tively new, they have considered at varying times the needs of a law^ 
Relative to House bill 20373, I wish to submit a copy of the resolu- 
tions which were passed at the last meeting of this association to make 
part of the minutes of this hearing, at a convention held in this city in 
November last, in which they are thoroughly in accord with the pro- 
vision of this bill. 

(The document referred to will be found in the appendix.) 
Before House bill 29163 was introduced, somethmg OA-er a year 
ago, the association had a meeting in Boston, gave very extended 
discussion to the principles which, in their judgment, should underlie 
the laws looking to the regulation of the seed trade, viewing them 
largely from the standpoint of the analj^st as well as, to some extent, 
from the standpoint of the seed dealer. I wish to submit the abstract 
of that part of the proceedings, and wish to talk to just a few of the 
points relative thereto. 

(The paper referred to will be found in the appendix.) 
In the first place, with our present knowledge of methods, we 
believe it almost impossible to intelligently extend legislation to 
viability. Legislation can be extended, and properly administered, 
in our judgment, to purity, freedom from foreign matter, and adultera- 
tions. We are studjang, in this association, methods of analysis 
with the thought of getting them uniform. Some of us, for instance, 
I myself, were trained as chemists and not as botanists. We be^an 
something over 30 vears ago in this country legislation regulating 
the sale of commercial fertilizers, but when we began it was difficult 
to have an analysis made in Maine and in Illinois that would give the 
same results. An association was formed of official agricultural 
chemists, and out of that, with the appointment of referees and the 
study of methods, it has come about so that an analysis that is made 
in one laboratory on a sample of goods and another analysis that is 
made in another laboratory will correspond within reasonable limits. 



"28 ADULTEKATION AND MISBKAISTDING OF SEEDS^ BULBS, ETC. 

/ The Chairman. Is there anything in this bill that would be objec- 

jtionable to you from that standpoint ? 

' Mr. Woods. This bill seems to touch viability. 

1 The Chairman. What is there objectionable in that? You do not 

I believe in selling dead seed, do you ? 

Mr. Woods. The objection to that is that to-day it could not be 

I carried into operation, because you can not get viabihty tests that 

i will agree. If I were the executive officer of a law similar to this in 

^ Maine, and I carried a case to the courts, the man would bring in 

identical samples with experts who would show that our analyses 

were wrong. We could not get a conviction, and I do not believe it 

is worth while to establish a law ahead of what can be done under it. 

The Chairman. There is nothing in the bill which goes to the extent 
I you speak of. 

Mr. Woods. Of viability ? Yes, sir. 

The Chairman. Not at all. 

Mr. Woods. Section 2 gives, as I understand it, the authority to 
the Secretary of Agriculture to establish standards, and there is no 
limit to the kind of standards he shall establish under this law. 

The Chairman. There is nobody obliged to follow the standards 
under the bill. 

Mr. Woods. If he does not conform to the standards mentioned in 
section 6 he is liable to get in trouble. 

The Chairman. Not at all; there is nothing of that sort in the bill. 

Mr. W^OODS. I am only trying to suggest these things. I did not 
come here with the thought of criticizing this particular bill. 

The Chairman. I have no objection to your criticizing it; that is 
what we want. 

Mr. Woods. What I was endeavoring to bring up was to show the 
princii)les of men who have given a large amount of study to the seed 
situation in America, those principles which the}^ think should under- 
lie legislation. 

Mr. Richardson. The latter part of section 6 says this: 

W'iiich does not comply with the standards so published by the Secretary of Agri- 
culture, shall be guilty of a misdemeanor, and for each offense be fined not exceeding 
one thousand dollars. 

Mr. Woods. It says so. 

The Chairman. That is only where the}' use the words "United 
States standard.'' There is no obhgation under this bill to use the 
standards fixed by the Secretary, and no suggestion of anything of 
that sort in the bill. It is advisable for people, before they come 
before the committee, to read the bills which they wish to talk about. 
The only thing there is in reference to ■vaabiiity is the provision in 
the bill on page .") : 

Third. If any seed or bulbs lontaiu, respectively, dead seed or dead bulbs or other 
matter in sufficient quantities to materially reduce the value for seeding or planting 
purposes. 

Can you absolutely determine whether there are dead seed enough 
to materially reduce its value for seeding purposes ? 

Mr. Woods. Very likely you would be able to; yes, sir. 

The Chairman. Can you do it'^ 

Mr. Woods. Probably; yes, sir; in most cases. 

The Chairman. Then there is another provision: 

If there shall be knowingly ailded to seed any weed or dead seed. 



ADULTERATION AND MISBRANDING OF SEBDS^ BULBS, ETC. 29 

That is a matter of proof. Do you think any man ought (o be 
permitted to knowingly add weed seed or dead seed to his seed, and 
offer it for sale as pure seed '^ 

Mr. Woods. No, sir; and I do not think the word "knowingly^' 
ought to be in the law at all, anywhere within it. The word '' know- 
ingly '' in any law^ makes it impracticable to enforce it. 

The Chairman. That is only put here out of regard for the seed 
trade. They would go wild if you talked about scratchins; it out. 

Mr. Woods. And the seed trade should insist, for their own pro- 
tection, that the word ''knowingly" be taken out. A law regulating 
any business that does not contain the powers of enforcement is a 
serious drawback and hindrance to the honest man m that business; 
and, consequently, section 1 of tliis law is absurd, viewed from the 
standpoint of the man who is required to enforce the law, because of 
the word ''knowingly." It is exactly the same thing alluded to here 
by a member of tliis committee when it M'"ould be said a man would be 
given a big stick in a school, and then forbidden to use it. 

The Chairman. I suppose on the subject of drawing criminal laws 
your judgment is valuable, but not conclusive. 

Mr. Woods. No, sir; but I have had a large amount of experience 
in the execution of criminal laws. 

Mr. Richardson. We would hke to have your criticism of this bill. 

Mr. Woods. I would criticize the use of that word "knowingly." 
I would also criticize, in section 3, the extension of the bill to seeds 
other than agricultural. I do not believe that there should be any 
attempt made to extend the provisions of the bill, so far as purity is 
concerned, beyond that wliicli the chairman has so clearly brought 
out, to seeds which can be distinguished in a laboratory, one from the 
other; and it is only seeds that have botanical differences that can be 
thus separated. It is not varieties that would be thus distinguished, 
but you can distinguish distinct species. It is perfectly possible for 
. the expert to distinguish between Canada blue grass ancl Kentucky 
blue grass, although it would not be, probably, possible for any one 
of us here to do that off hand. It is absolutely impossible to distin- 
guish between two at all alike varieties of peas. It is entirely impos- 
sible to distinguish between two at all alike varieties of sweet corn, in 
their general appearance, with any authority, so that you can pick 
them out in the laboratory. And so with the same cases that the 
chairman has so clearly pointed out here earlier. So that, from our 
standpoint, I beheve it would be unwise to introduce into the law any 
seeds other than those which are agricultural, so far as purity is 
concerned. And that would include the grass seeds, oats, barley, 
cereals, and seeds of that type. 

Mr. Sims. That would exclude garden seeds, would it? v 

yMx. Woods. That would exclude garden seeds from the operation^ 
p of the law, in accordance with our best judgment of the seed analyses. ; 

Those are two particular points. Then the other point that I would 
' try to enforce is that the laws which have worked the best in this 
country thus far have been true labeling laws rather than laws that 
have hxed standards. That is, instead of fixing a standard, each 
man, dealer or wholesaler, fixes his own standard ; then the law sees 
that he lives up to that standard. Th^t has led, in Maine, where we 
have had the law for 14 years, to enormous improvements in grass 
seed, and we are getting, as the men who supply Maine with grass 



30 ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

seed will testify, the cream of the grass seed of America, because 
we have had a law under which we have required that the percent- 
age of purity should be stated openly. If one would fix a standard 
of purity for timothy, it would probably have to be as low as 98 or 
97 per cent pure in order to meet the general trade conditions. But 
grass seed that is as pure as 97 or 98 per cent could hardly find 
its sale in Maine. It would have to be 99.6 per cent. 

Mr. Richardson. That is, when each purchaser was admonished 
it was that ? 

Mr. Woods. Yes, when each purchaser was admonished it was 
that. 

The Chairman. Do you not know that this bill contemplates that 
and provides for it ? 

Mr. Woods. In a way, yes. 

The Chairman. Absolutely; with no "in a way" about it. 

Mr, Woods. I do not see it as clearly as you do. 

The Chairman. If you read the bill you will see it. 

Mr, Hubbard. Whv not let him state what he means bv "in a 
way"? 

Mr, W^OODS. There is the establishing of standards that are given 
in here, but I do not believe that, for instance, a law that was simply 
establishing a standard that would fit the average conditions of the 
grass-seed trade of America would be acceptable to our State law in 
accordance therewith, 

Mr. Richardson. As I understand it, you are criticizing the pro- 
vision in this bill in reference to standards as being unreliable and 
unsafe ? 

Mr. Woods. Yes, sir. 

Mr. Richardson. I would like to hear you go on on that line of 
criticizing the standards which are provided for in this bill, 

Mr, Woods. In the control of materials that have to do mth food 
in which we should have to establish a minimum standard, for in- 
stance, as would be done with milk, I see no objection to standards. 
But in a commodity in wliich we are trying to encourage the farmer 
to buy the very best things he can buy, I believe if the tiling were 
marked "United States standard" the man would think it was good 
enough for him, he would buy it, and that the United States standard 
that would be naturally established, in order to meet uniform average 
trade conditions, would not be good enough for the man who used seed 
in my own State, and, therefore, I would want them to be labeled 
squarely in place of standards, and show the percentage of purity. 
I think for that ])articular reason the standards idea would be better 
omitted. 

Mr, Hubbard. Could you not do both '. 

Mr. Woods. You could do both, 

Mr, Hubbard. Would not that be the bettor plan ( 

Mr. Woods. It docs not seem so to me. 

Mr, Hubbard. You can see what the actual degree of piu'ity was 
of that |)ackage, and also see that was at or abov? the United States 
standard I 

Mr. Woods, Yes, 

Mr. Adamson, You want us to believe that the State of Maine is 
able to take care of itself on this subject b?tter than the Federal 
Government regulations would do ? 



ADULTEKATIOX AXD MISBRANDING OF SEEDS^ BULBS,, ETC. 31 

Mr. Woods. I should very much prefer to have a Federal law in 
addition to our law, because there is practically no grass seed pro- 
duced in Maine. It worlcs a great hardship to Maine wholesalers, 
because they have to place their guarantees to-day on grass seed, and 
no man guarantees it to them. 

Mr. Richardson. Do you not think that with the Federal Gov- 
ernment taking charge of a law of this kind all the States would gradu- 
ally draw laws to conform to this law ? 

Mr. Woods. Not if the law is poorer than the State laws. That 
is just where we are to-da}" with the national food and drugs act. 
The national food and drugs act was an enormous advance 

Mr. Adamson. Then, I understand the ground of your desire for 
Federal legislation is to try to make the others do as well as your 
State does ? 

Mr. Woods. Yes, sir. 

Mr. Stafford. Will you not continue your observation on the 
pure food law ? 

Mr. Hubbard. You said it was an enormous advance. 

Mr. Woods. There was an enormous advance when Congress 
enacted the food and drugs act, in 1906. But in States that had 
better laws it has led to some confusion, and if I were in a State that 
had better laws — I am the executive officer of a law that is exactly 
the national law — if I were in a State that had a better law, much as 
I believe in uniformity of legislation I should be exceedingly sorry to 
have the law in my own State brought down to the level of the national 
law, and when you pass a seed law I would like to see it better than the 
average State law, so that we would get an inducement to build our 
laws in individual States, for the intrastate trade, better than they 
now are, rather than to try to get uniformity by making them poorer 
^an they now are. ^ v 

The Chairman . This law is a good deal more strict than the Maine \ 
law, is it not ? 

Mr. Woods. In some particulars, yes; and in some particulars, not 
as good. 

The Chairman. In what particulars is it not? 

Mr. Woods. In my judgment, that mere fixing of a standard 

The Chairman. There is no mandatory standard fixed in it at all. 

Mr. Woods. I know; but if the standard were fixed by the United 
States Department of Agriculture it would have a tendency to make 
a lower quality ol seed sold in Maine to-day than there now is, because 
our seeds are better than any fair average standards could possibly 
be made. The seedmen tell me that if the demand for seed for the 
country over was the same as it is in Maine the country could not be 
supplied, because the seed is not produced. Therefore it is against 
Maine's interest to have a national seed law according to that. 

The Chairman. Suppose you had several standards fixed for grass 
seed, and one of them a very high grade when a man sought to 
comply with that standard, put on the words ''United States stand- 
ard,'' and it was made so that he would have to comply with it, 
would not that aid vou in keeping up the standard provided in vour 
State ? 

Mr. Woods. Provided it was clearly understood in my State what 
that standard meant. 



32 ADULTEEATIO]Sr AND MISBBANDING OF SEEDS^ BULBS, ETC. 

The Chairman. Suppose it is advertised on the package just what 
the standard means, as it probably would be in many cases ? 

Mr. Woods. You can not put very much on a package and have 

it read. I would like to have simply put on the law 

The Chairman. You can tell the percentages of purity. 
Mr. Woods. I would like to have that put on, and all that needs 
to go on the package of seed is the name of the seed and its per- 
centage of purity, and then any man can understand it. 

The Chairman. Suppose you had on a package of grass seed 98 or 
99 per cent purity, United States standard; do you not think that 
would help you to get pure seed, or standard seed? 

Mr. Woods. It would help us to get standard seed, not the best 
seed. 

The Chairman. What percentage would it be ? 
Mr. Woods. It would depend altogether on the variet}" of seed. 
The Chairman. I am speaking about the same seed. You spoke 
of one a while ago 97 or 98 per cent. 

Mr. Woods. If 97 or 98 per cent were put on our timothy as 
United States standard, it would tend to lower the quality of seed 
that is now used in Maine, in my judgment. 

The Chairman. What is the highest standard of timothy seed in 
Maine now required under the law? » 

Mr. Woods. None. 
The Chairman. So that, in stating 98 or 99 per cent, and knowing 

it was true to the standard — there is no penalty for lying about it 

Mr. Woods. There is a penalty for lying about it. 
The Chairman. What penalty is there ? 
Mr. Woods. A fine. 

The Chairman. But there is no requirement of it. 
Mr. Woods. There is a requirement that a man place his own 
guaranty, not the United States guaranty; but the man who puts 
out the seed must label it for what it is, and if he has lied, the penalty 
is up against liim. 

The Chairman. I understood you to say there was no requirement. 

Mr. Woods. You asked me if there was a requirement for grade. 

There is no requirement as to grade that shall be put upon it. A man 

may guarantee liis seed 50 per cent pure, or he may guarantee it 99.9 

per cent, if he chooses, but he must live up to the truth. 

The Chairman. Suppose he puts on the guaranty, ''United 
States standard," so that he may suffer from Federal punishment if 
it is interstate commerce; that does not mterfere in any way in 
your State. It only lets people know they are getting that standard. 
Mr. Woods. I think you would get at exactly the same thing 
without putting the "United States standard" thereon, and putting 
on iust the plain percentages that you require, which would not be 
misleading in any way to anybody. 

Mr. Hubbard. What is the actual standard of timothy as sold 
in Maine ? 

Mr. Woods. We will get some timothy that mil be sold down 
as low as 96 and 97 per cent pure; but the most of it will run up to 
99 and higher. 

Mr. Hubbard. Your apprehension is that to put on there a state- 
ment of 97 or 98 per cent would tend to put into Maine a poorer 
qualit}'^ of timothy ? 



ADULTERATION AND MISBEANDING OF SEEDS^ BULBS, ETC. 33 

Mr. Woods. And put on "United States." 

Mr. Hubbard. That is what I mean. 

Mr. Woods. The words "United States" carry an enormous 
weight. 

The Chairman. The trade knows that if it was on they would 
have to comply with the truth. 

Mr. Woods. And if we should appoint a commission that had to 
do anything to-day with the fixing of standards, as much as I prize 
the friendship of these men interested in the seed trade, they would 
like to make the United States standard as low as possible, so that 
as large a bulk of their seed trade as possible can go to the country as 
"United States standard." 

Mr. Adamson. You think the name and power and glamor of the 
United States would help them to bring down their local regulations ? 

Mr. Woods. They do. They would come to that. 

The Chairman. Mr. Woods, there is a guarantee provision in this 
biU, the same as there is in the pure food law. You are familiar with 
the expression "Guaranteed under the pure food and drugs act?" 

Mr. Woods. Yes. 

The Chairman. You are familiar with the fact, I suppose, also, 
that a great many people think that the Government guarantees the 
purity of those articles. You know that is not true ? 

Mr. Woods. Yes. 

The Chairman. You know that expression itself is a fraud on the 
public ? 

Mr. Woods. And that, together with one or two interpretations 
of the law that have been made in high circles, has done more to 
harm the law than anything else that has come about. 

The Chairman. But under this provision such a thing could not 
be done unless it complied with the real standard. 

Mr. Woods. That is right. 

The Chairman. And yet you object to this. 

Mr. Woods. This is better than the food law. 

The Chairman. This affects a present evil which everybody 
recognizes. 

Mr. Woods. This is vastly better than that. 

The Chairman. We have not reached perfection yet. So you are 
opposing it. 

STATEMENT OF MR. PATRICK O'MARA, OF NEW YORK CITY, 
REPRESENTING THE PETER HENDERSON CO. 

Mr. Woodruff. We have just one more gentleman, Mr. Patrick 
O'Mara. 

Mr. O'Mara. Mr. Chairman and gentlemen, to me has been assigned 
the small task of talking of flower seeds and bulbs. We ask that these 
be eliminated from House bill 2,9163, for the reason that they are ver}'- 
largely not distinguishable. As to flower seeds, for instance, petunias 
and verbenas are partially hybrids, and it is simply impossible to dis- 
tinguish them by the grade; that is, distinguish one variety of petu- 
nia, one variety of verbena, or one variety of phlox from another. 
The same is true of the great mass of bulbs. For instance, it is almost 
impossible — it is impossible — to distinguish every variety of hyacinth 
from every other variety of hyacinth; it is impossible to distinguish 
77746—11 3 



34 ADULTEEATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

every variety of tulip from every other variety of tulip ; one variety 
of dahlia from another variety of dahlia; and so on ad infinitum, as 
we might say. 

We have asked you, therefore, that, in connection with the vege- 
table seeds, the flower seeds and bulbs be eHminated entirely from 
the bill now before you, and very largely for the reasons stated. I 
doubt if it is necessary for me to take any more of your time. If 
there is anj question you wish to ask me, I would be very glad to 
answer it. 

The Chairman. The fact that you are not able to distinguish, and 
the purchaser is not able to distinguish, two kinds or varieties of seed 
when he purchases from you, is, in your judgment, sufficient reason 
why you should not be required to sell him what you offer to sell 
him? 

Mr. O'Mara. We should not be compelled to guarantee and state 
positively that it is that particular variety. 

Mr. Stafford. You sell it as that particular variety ? 

Mr. O'Mara. We label it as such, with the full knowledge and 
belief that it is such. 

Mr. Stafford. And get the price for it ? 

Mr. O'Mara. And get the price for it. We take every precaution 
possible to take to see that it is such. 

Mr. Hubbard. Do you state on the label that possibly it is not 
true to the name ? 

Mr. O'Mara. No. There is a nonwarranty clause, which is well 
known to the committee. 

Mr. Kennedy. The facts you have stated to us are merely reasons 
why you ought to improve it. You are in a better attitude to know 
than the parties who purchase from jou. 

Mr. O'Mara. But the point is, for instance, say in a tulip or petu- 
nia, verbena, or anytliing else, I will assume you know from what has 
gone before we are not in a better position, because we can not dis- 
tinguish any difference between varieties. 

Mr. Kennedy. You can buy from the honest raisers ? 

Mr. O'Mara. We ourselves are the honest raisers. 

The Chairman. ^Vllen you raise seed can you not distinguish ? 

Mr. O'Mara. Not one variety from another. 

The Chairman. Then why do you offer to sell it as one variety or 
another if you do not know what it is ? 

Mr. O'Mara. We beheve it is such. 

The Chairman. What right have you to believe it when you raise 
it and can not tell ? What right have you to believe it is something 
else ? 

Mr. O'Mara. We have a right, I think; our name and reputation 
goes on it that it is such, and as the best proof of this, I think I am 
justified in saying 

The Chairman. You say 3^ou raise it, and you do not know what 
it is ? 

Mr. O'Mara. I do not say that. 

The Chairman. Are vou able, when j^ou raise seed, to tell what 
it is ? 

Mr. O'Mara. I think we should not be compelled to guarantee it, 
because the accidents of mixture — many accidents over which we 
have no control — make it impossible for us to tell. 



ADULTERATION AND MISBRANDING OF SEEDS^ BULBS, ETC. 35 

Mr. Hubbard. Can you not control that accident? Can you not 
prevent mixture with something else ? 

Mr. O'Mara. Not absolutely. 

The Chairman. There is nothing here that requires absolute cor- 
rectness; nobody would suggest it. 

Mr. O'Mara. For instance, a man may put a .15 gold piece into his 
pocket with his other change. He does not intend to give it away for 
a penny, but he does so. 

The Chairman. If he does, he suffers; does he not? 

Mr. O'Mara. Yes; to that extent. 

The Chairman. Nobodv makes it up to him ? 

Mr. O'Mara. No. 

The Chairman. But you want to be able to do it and not suffer. 

Mr. O'Mara. We do not try to do it. 

The Chairman. You said you do it. Nobody wants to injure you. 
When you raise seed you can tell what it is, can you not ? 

Mr. O'Mara. We certainly can, while it is growing; but when we 
take it off the bush we put it in a bin and label it. We have every 
reason to believe it is that seed; we know it is, in fact. We sow it 
ourselves; then it passes out of our hands, and to ask us to follow it 
up to its very last result would be unjust. 

The Chairman. You do not have to follow it after it passes out of 
your hands at all. 

Mr. O'Mara. My understanding was that we would be asked to 
follow it to its very last analysis. 

Mr. Kennedy. Do these hybrid plants produce seeds that grow the 
same kind of species every time, or is there some eccentricity in the seed 
they reproduce ? 

Mr. O'Mara. They are all liable to variation. 

Mr. Sims. As I understand 3'^ou, there are sucli natural variations 
that would preclude your being prosecuted criminally for those 
variations ? 

Mr. O'Mara. Yes, sir. 

Mr. Hubbard. But I do not understand that those natural varia- 
tions are such that you do not know what it is you are raising. 

Mr. O'Mara. We can not tell what they are until the flower is 
produced. Take sweet peas, for instance. Any man here knows 
that, even with the greatest care taken in the selection, the results 
will vary. No man can tell beforehand what the result is going to 
be. The variation is there, implanted by nature or God in the 
variety itself. 

Mr. Hubbard. But it is none the less that thing? Whatever it 
may be, it is a certain thing, and you say what that is. That is all 
the bill asks you to do, is it not ? 

Mr. O'Mara. It is the progeny of what we sow, and we believe it 
to be the same; but it is liable to variation and we could not guar- 
antee it is be absolutely identical. 

Mr. Hubbard. You are not asked to guarantee what sort of flower 
it will produce, and to. guarantee what this thing is. Other people 
know as well as you that when they grow that they may find these 
variations. That is not any reason why you should not say what 
that thing is. 

Mr. O'Mara. We say what it is when we label it as such, and do 
it to the best of our knowledge and belief. 



36 ADULTEEATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

Mr. Hubbard. Why not guarantee what it is. 

Mr. O'Mara. Suppose, for instance — if I am not taking|[up too 
much of your time — over in Holland the bulbs are growing in oeds, 
hundreds of thousands of them, 15 or 20 or more men digging them. 
One bulb is dug; the label is put on, the men take it into the ware- 
house; the same man — you can not control every man — lapses in his 
close attention to the detail, and accidentally puts the label on the 
wrong pile. The damage is done right there, and it is irreparable. 

The Chairman. A great many people do things they are punished 
for. Suppose he slips and breaks his leg; he can not get rid of the 
punishment. 

Mr. O'Mara. But I think the cases are hardly analogous. 

Mr. Sims. You do not think an American citizen ought to be 
indicted and punished for what that foreigner who sold them to him 
did? 

Mr. O'Mara. Hardly. 

STATEMENT OF MR. K. FAEQUHAR, OF BOSTON, MASS., REPRE- 
SENTING R. & J. FARQUHAR & CO. 

Mr. Farquhar. Mr. Chairman and gentlemen, I come before ^^ou 
as one who is engagetl in the seed l:)usiness, and one who is engaged in 
a peculiar kind of seed business. We have been in business in Boston 
for about 29 years and we have never advertised, with the exception 
of having an advertisement, perhaps, in our local Boston papers, and, 
I think, one horticultural Boston paper, which we have supported — 
the Boston Transcript- — ^and one Boston horticultural paper. We 
have not had men on the road and we have had a steady increase in 
business. In fact, our business to-day is five times what it was 12 
years ago. 

Speaking fi'om my own experience, I am perfectly satisfied that the 
seed situation throughout this country is improvino;, and that it "Vvdll 
improve irrespective of any legislation. I am also satisfied that 
people, through education by the Department of Agriculture, through 
the education of State colleges, are appreciating the value of good 
seeds. This is a matter in which we are, in this country, mere appren- 
tices. We know very little about seeds. When we say that grass 
seed should be 3 per cent pure and penalize grass seeds that do not 
come up to tliat standard, we want to go over and take lessons from 
the older countries that have been studying this thing for years. We 
want to go to Zurich. We must acknowledge that without the pains- 
taking chemist in Germany analyzing his beets, our sugar beet indus- 
try would stop within a year. We are taking lessons. Our college 
textbooks are being largely composed from translations from other 
countries, and of matter which is not always applicable to this 
country. 

You come to standards of grass seeds. I am safe in stating that 
the average grass seed we buy is fully up to the Maine standard Mr. 
Woods speaks of. But when it comes to certain grass seeds, even in 
critical Germany, where this thing is under wiser legislation than 
any we are likely to adopt in a generation to come, there are many 
kinds of grass seeds there. Take some of the bends, for instance. 
They are very glad to get a standard of 70 per cent of purity. And 
yet these seeds are of great value. 



ADULTERATION AND MISBEANDING OF SEEDS^ BULBS, ETC. 37 

The Chairman. When you say 70 per cent of purity, what do you 
mean? 

Mr. Farquhar. I mean 70 per cent of pure seeds in that standard. 

The Chairman. Of weed seeds? 

Mr. Farquhar. Perhaps other grasses. 

The Chairman. But you kick on 30 per cent of weeds. 

Mr. Farquhar. I should kick on 30 per cent of weed seed, yes, 
sir, and for that reason. And still these grasses are of great value, 
and if we want to import these grasses here which have the highest 
standards that could be had — in fact, there are more of the European 
grass seeds that are now being used by scientific farmers; they have 
been long used on the golf courses, and they measure up to these 
standards, and yet meet the European standards. Even in this 
country we have conditions that this bill does not meet. We have, 
for instance, a man who is raising redtop for a crop. The farmer 
allows a lot of daises to grow through his field. The daisy seed is of 
the same size as the redtop seed, and of the same weight; it is of the 
same texture as the redtop seed, and there is no means of separating 
it now from the redtop seed. I think, perhaps, if the penalty of this 
bill is put ofl' for eighteen centuries in place of 18 months, they may 
then, through human ingenuity and scientific, mechanical applica- 
tion, get machinery that may be sensitive to color. 

The Chairman. You think if a man buys redtop seed he ought to 
get half of it daisy seed ? 

Mr. Farquhar. I beg your pardon. 

The Chairman. That is what your argument was. 

Mr. Farquhar. My argument is that the seed man is being pe- 
nalized in place of the farmer, who can distmguish the daisy easily in 
his field, and that the penalty comes on the seedsman, who has no 
possible means at his command of separating these seeds. 

The Chairman. Can you not distiguish the daisy seed from the 
redtop seed ? 

Mr. Farquhar. Yes, sir; I can distinguish it by color, but I can 
not separate it. 

The Chairman. But you can distinguish it. Do you think if a man 
buys redtop seed from you, for instance, on the farm where there are 
no daisies, you ought to be permitted to furnish him with daisy seed 
which may be a very annoying weed to him, the perennial daisy ? 

Mr. Farquhar. I will say I am going to search for the cleanest 
sample of redtop I can find on the market and sell him that. 

The Chairman. You may; but all people do not do that. Do you 
not think there ought to be a law so that people will not be permitted 
to harvest daisy seed with redtop seed, and sell it as redtop seed ? 

Mr. Farquhar. I would like to see such a law; but that law must 
apply to the farmer and not to the seedsman. 

Mr. Stevens. The seedsman does not have to buy, does he? 

Mr. Farquhar. He has to get something or people will go without 
seeds. 

The Chairman. There are plenty of places in the country where 
redtop is raised where there are now daisies grown. 

Mrv Hubbard. How does the seedsman buy ? If he sees the crop 
growing does he not see the daisies growing ? 

Mr. Farquhar. He buys by samples, and he can distinguish the 
daisy seed. 



38 ADULTEEATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

Mr. Hubbard. So that when he buys be knows it is adulterated ? 

Mr. Faequhar. Wlien he buys he knows it is advilterated. 

Mr. Hubbard. And he sells it, not as adulterated seed, but as 
red top. 

The Chairman. He sells it as lawn-grass seed, or something like 
that. 

Mr. Farquhar. I tliink it would be impossible to get a sample of 
redtop to-day that is absolutely free from some daisy seed. 

The Chairman. That is easy enough out in our country in the 
West. 

Mr. Farqxhiar. We do not see it. 

The Chairman. You see very few daisies out there; you see plenty 
of redtop seed. 

Mr. Farquhar. I will admit that. I have been over the West, 
and I have seen the daisies there, and the redtop, and I have seen the 
finest samples of Illinois redtop from that district, and I should very 
much like to see one sample that is entirely fi-ee from daisy seed. 
Taking a bag and going over it, I would like to see one sample that 
does not contain a considerable quantity of daisy seeds. 

The Chairman. You could find plenty of them, although we are 
getting daisy seed in our country largely because of the adulteration 
of redtop seed with the daisy seed. The daisies do a tremendous lot 
of injury in this part of the country, and yet you w^ant to put them 
on us; and your course of business will put them on us, and when we 
object, you say, "Well, you ought to take them." 

Mr. Farquhar. I beg your pardon. We are most anxious to have 
the farmers clean their fields and give us clean seeds, and we are 
willing to pay a substantial increase for clean seed. 

Mr. Hubbard. Do you not tliink that would come about if you 
could not sell this stuft' that comes from the farmers; if you could not 
sell it you would not buy it, and if they could not sell it they would 
raise something else, not daisies. 

Mr. Farquhar. We do not buy it. 

Mr. Hubbard. But you take it knowing that daisy seed is in it. 

Mr. Farquhar. We do not take it unless we tliink it is well above 
the requirements of this bill. 

Mr. Hubbard. I understand you advocate getting along without a 
law. Is not the onl}' way for you to do that to refuse to buy from 
the farmer if his seed has daisy seed in it? 

Mr. Farquhar. Yes, sir; we do that. 

Mr. Hubbard. You do refuse to buy it ? 

Mr. Farquhar. We want the minimum quantity; we can not get 
it absolutel}' free; it does not exist. 

Mr. Hubbard. You are s])eaking of yourself. Do you know that 
others do not buy seetl that lias a larger percentage of the impurity 
in it ? 

Mr. Farquhar. I do not know what other peo))le are doing: I know 
what we arc doing. I have reason to believe, in fact, I know, that 
the country can not be supplied with a pure seed. 

Mr. Hubbard. There are only two remedies for this condition, are 
there not ? One is the law and one is the action of the seedsmen in 
not buying the seed from the farmer? 

Mr. Farquhar. I think the second suggestion is the ])ractical one. 



ADULTEEATIOIsr AND MISBRANDING OF SEEDS, BULBS, ETC. 39 

Mr, Hubbard. But if the daisy seed is spreading to the West, that 
method is not working properly, is it? 

Mr. Farquhar. A Httle labor on the part of the farmer would save 
that trouble. 

Mr. Hubbard. How are you going to make him put that labor in ? 

Mr. Farquhar. It is a difficult matter. 

Mr. Hubbard. If there was a law, it might possibly be worked out 
so as to make him do it. If you are forbidden to sell this stuff you 
will quit buying from the farmer, and he would quit it. 

Mr. Farquhar. The law would have to apply to the farmer. 

Mr. Hubbard. If the law forbids you from selling it, you will not 
buy it, will you ? 

Mr. Farquhar. No, sir. 

Mr. Hubbard. Then the farmer will see that there is no daisy seed 
in there, because he can not sell it to you ? 

Mr. Farquhar. I should judge it would come to that. 

Mr. Hubbard. It can not come to that unless there is some law, 
can it ? 

A Gentleman. The farmer could sell to his neighbor. 

Mr. Hubbard. Wliat neighbor ? 

The Gentleman. On his own place. 

Mr. Hubbard. If the seedsman does not buy from the neighbor, 
we are m the same position. 

The Chairman. The neighbor would Imow where the daisies were. 

Mr. Farquhar. There are many seeds that are of great value in 
this country, the meadow mixtures and the like. These would be 
much below 65 per cent standards, and yet, for reclaiming many of 
our low meadows which are submerged a portion of the year, would 
be of immense value. These would be excluded under this bill. It 
would be unlawful to handle them. 

The Chairman. Why would it be unlawful to handle them ? 

Mr. Farquhar. Because, on page 3, at line 11, it says: 

If any seeds or bulbs purporting to be of one kind or variety contain more than five 
per centum of another kind or varietv. 

Mr. Hubbard. Suppose your label did not represent them to be of 
one kind ? 

The Cb[airman. He does not read the pro\dso, which absolutely 
covers the case. That is the trouble with gentlemen who come here. 
They read a line and stop, and do not read the rest of the bill. 

Mr. Hubbard. He did not even go to the proviso in tliis case. 

Mr. Farquhar. I would say, Mr. Chairman, that this matter. of 
labeling in this way entails more time than the seed trade will admit 
of. A great many of these seeds are harvested in Europe, and it is 
all we can do to get them here in time for sowing or packing. It 
takes time to do all that labehng and testing, and all that sort of 
thing. We have to rely on the best growers there, and their honesty, 
and we suffer. 

The Chairman. Suppose you take a guaranty, then? 

Mr. Farquhar. We can not get it; that is the trouble. 

The Chairman. You do not know about that. 

Mr. Farquhar. We know we can not get such guaranty. 

The Chairman. That is what the food people told us. We heard 
all the same argument about that when we were considering the pure- 



40 ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 

food legislation. Everyone now admits he was mistaken. They 
have no trouble at all on the subject. 

Mr. Farqtjhar. I think, Mr. Chairman, that the tendency to-day, 
the demand for better seed, the general improved conditions in the 
seed trade, the ehmination of those who are selhng inferior seeds — and 
they are being forced out of the business — vnll bring about the 
results that this bill aims at, and I tliink the seed business is largely 
one of comT.dence. 

The Chairman. There is no change in the land of confidence from 
what it was 50 years ago; people have not changed. It was just as 
much a matter of confidence 50 years ago as it is now. 

Mr. Farquhar. I beg your pardon there. I think the improve- 
ments witliin the last decade, in fact, within the last 5 years, have 
been more than the improvements durmg the preceding 45 or 50 
years. 

The Chairman. There has been a great improvement in the seed 
trade since the Government got active. That was not because the 
seed trade got active in the matter, in the first place ; it was after the 
Agricultural Department went to work, and when we introduced 
some pure-seed bills. I have no criticism; it is human nature; it is 
not the best ones who require tliis legislation, it is the poorest ones. 
But they commenced, then, to appreciate the absolute necessity of 
driving out of business some of the fake and fraudulent people who 
were engaged in the seed business. 

Mr. Farquhar. I admit that, and I beheve that that is sufficient 
of itself, without this bill, to bring about the result that this bill 
aims at. 

The Chairman. Where a seedsman is selling seed knowing it has 
some particular kind of weed seed in it, is there any good reason why 
he should not put that fact on the label ? 

Mr. Farquhar. Yes; in some cases. It would intimidate a man 
from buying that seed, when perhaps it was perfectl}^ suited to liis 
purpose, and when he would probably go off and buy something 
worse from some other place. 

Mr. Hubbard. He could not, if this law was in force, without 
knowing he was buying something worse. 

Mr. Farquhar. I do not see that the law could prevent it. 

Mr. Hubbard. It would prevent it; if it was violated, that man 
would be subjected to punishment. 

Mr. Farquhar. The seeds that all the better seedsmen do han- 
dle 

Mr. Hubbard. Assume that we are not after the better seedsmen, 
but those who are the worst, if there are any such. 

Mr. Farquhar. I think those are so in the mmority; one gentleman 
stated to-day that he represented 90 per cent. 

Mr. White. Grass-seed trade. 

Mr. Farquhar. I want to say I am outside. I do not happen to 
be a member of tliat organization; I am in the 10 per cent, so that 
there is less than Ins 1 per cent who are really selling bad seed. 

The Chairman. Do you think you can buy the lawn seed put up 
in pound ])ackages fi-om any house in America without getting a 
large percentage of weed seed in it ? 

Mr. Farquhar. Yes, sir. 



ADULTEEATION AND MISBRANDING OF SEEDS^ BUKBS, ETC. 41 

The Chairman. Name the house. I want to send and get some 
and have it analyzed. 

Mr. White. I wih send j^ou some over. 

The Chairman. I have had yours analyzed. I got lots of weed 
seed out of yours. 

Mr. Farquhar. I will send you a sample. 

The Chairman. I do not want you to send me a sample; I want 
to know the house where I can buy it in the open market. 

Mr. White. You are perfectly free to buy it of us and have it 
analyzed. 

The Chairman. I bought some of it. 

Mr. Farquhar. The name of our house has never been mentioned 
in the Government reports as selling anything below the requirements. 

The Chairman. The Government reports do not mention very 
many people. 

Mr. Farquhar. I think they mention nearly 300. 

The Chairman. They did several years ago on the foreign grass-seed 
question. 

Mr. Farquhar. And I think we are not the only ones. 

Mr. Kennedy. There are some lands where, if a weed gets started, 
it does more damage than that same weed would do in other localities, 

Mr. Farquhar. That is quite true. 

Mr. Kennedy. Some places where the white daisy can scarcely be 
eradicated when it is once started. 

Mr. Farquhar. That is true. 

Mr. Kennedy. Would it not be of great benefit to the farmer if he 
might be advised by the seed labeling — have some guaranty that he 
would know he was not getting that sort of a weed started on his 
farm? Where the seed seller knows that there is a certain quantity of 
a harmful weed that might do no particular harm in some localities, 
but would practically ruin a farm in otliers, why should he not put 
that information on his seed package ? 

Mr. Farquhar. Speaking for myself, we should not want to sell 
him anything that woidd in any way be detrimental to his land; we 
would not fill his order if we did. 

Mr. Kennedy. I know; but you have. 

Mr. Farquhar. I do not know of a case. 

The Chairman. You said awhile ago you sold redto]:> seed with daisy 
seed. 

Mr. Farquhar. It would be less daisy than is required in this bill. 

The Chairman. But it does not take ver}" much daisy to spread. 

Mr. Farquhar. No, sir; if the farmer is negligent and allows it to. 

The Chairman. Negligent? You can not help it, if it is in a 
meadow, or some place like that. 

Mr. Farquhar. I think in the case of grass seeds there are certain 
seeds that can be standardized; there are others that can not be. If 
this bill should go through in that form, it would be the means of 
keeping out a great many of these grasses that are now being used 
by the experiment stations and by the farmers in the country. 

The Chairman. What is there in the bill that would prevent it ? 

Mr. Farquhar. It would prevent some of the bend grasses coming 
in and some of the meadow grasses. 

The Chairman. What is there in the biU that would prevent that ? 

Mr. Farquhar. I understand this 5 per cent clause would. 



42 ADULTEEATION AND MISBRANDING OF SEEDS^ BULBS, ETC. 

The Chairman. Not at all. There is absolutely nothing in the bill 
that would prevent the use of any kind of a seed if people are honest 
enough to tell what it is. 

Mr. Farquhar. Keep it out of the country. 

The Chairman. On the importation ? 

Mr. Farquhar. We can not get these grasses here; they w^Ul never 
reproduce here. 

The Chairman. Tliis bill, so far as importation is concerned, is 
practically the same bill as the one that the American Seed Trade 
Association itself prepared, which I introduced, and which they are 
now advocating. 

Mr. Farquhar. In this case I am speaking for myself; I am not 
speaking for that association. 

The Chairman. You do not agree with them ? 

Mr. Farquhar. I have not read that bill which they advocate. 

The Chairman. Do you think we ought to prevent the importation 
of foreign adulterated seed ? 

Mr. Farquhar. No, sir. 

The Chairman. You think we ought not to prevent it ? 

Mr. Farquhar. We ought not to prevent the importation of 
grasses that are of that kind, even if they have a percentage of 
untrue seeds. 

The Chairman. You think we ought not to regulate it at all ? 

Mr. Farquhar. I think that might be done, and I think it is now 
done by the Department of Agriculture to a sufficient degree, when 
they take our samples from our packages and report upon them. 

The Chairman. They do that under an annual appropriation ? 

Mr. Farquhar. Yes, sir. 

The Chairman. It would make it a permanent law. That is all. 

STATEMENT OF CHARLES DICKmSON, OF CHICAGO, ILL, REP- 
RESENTING THE ALBERT DICKINSON CO. 

Mr. Dickinson. Mr. Chairman, I must differ with ]\Ir. Farquhar 
in regard to our not closing the doors to the possibility of the foreign 
traveler coming over and going to the trade who have no knowledge 
of these iniquitous weed seeds — that is the on\j word I can use— 
and I think the doors should be closed. Mr. Reynolds stated those 
selling good seed were SO or 90 per cent, but I think I am safe in 
saying, as Kirby White, of the D. M. Ferry Co., said, that our asso- 
ciation represents 98 per cent, and had 3"ou asked Mr. Farquhar 
the percentage of the grass-seed business of the Ignited States, I 
think that would have solved the problem. 

The Chairman. Is there anyone else who desires to be heard on 
either of these bills ? I think 1 might sa}^ that I have some informa- 
tion which we may pubhsh, and we will, probably, have hear- 
ings later from some of the oflicials of the Government; besides 
which I have some investigations being carried on in reference to 
both the sale of seeds of different kinds, and the importation of 
seeds under the tariff law, which may or may not be very interesting 
in the course of time; I do not know. 

(Thereupon, at 12.30 o'clock p. m., the committee adjourned.) 



adultebation and misbranding of seeds, bulbs, etc. 43 
Appendix. 

[Suggested revision of H. R. 20373, Sixty-first Congress, second session.] 
A BILL To prohibit the importation into the United States of adulterated seed and seed unfit for planting. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the importation for seeding purposes into the United States 
of seeds of alfalfa, barley, Canadian blue grass, Kentucky blue grass, brome grass 
(awnless), buckwheat, alsike clover, crimson clover, red clover, white clover, field 
corn, Kafir corn, meadow fescue, flax, millet, oats, orchard grass, rape, red top, rye, 
sorghum, timothy, vetch, and wheat which are adulterated or unfit for seeding purposes 
within the meaning of this act is hereby prohibited, and the Secretary of Agriculture 
and the Secretary of the Treasury shall jointly or severally make such rules and reg- 
ulations as will provide for the exclusion of such seeds from the United States: Pro- 
vided, That such seeds may be delivered to the owner thereof under bond, to be 
recleaned subject to such regulations as the Secretary of the Treasury may provide, 
and when recleaned to the standard of purity specified in sections two and three of 
this act they may be released to the owner thereof, but the screenings removed from 
such seeds must be disposed of in a manner to be prescribed by the Secretary of 
Agriculture. 

Sec. 2. That seed shall be considered adulterated within the meaning of this act: First, 
when seed of red clover contains more than three per centum of seed of yellow trefoil 
or any other seed of similar appearance to and of lower market value than seed of red 
clover; second, when seed of alfalfa contains more than three per centum of seed of 
yellow trefoil, burr clover, or sweet clover, singly or combined; third, when any kind 
or variety of the seeds named in section one of this act contains over five per centum 
of seed of another kind or variety of lower market value and of similar appearance: 
Provided, That the provisions of this paragraph shall not apply to mixtures of white 
and alsike clover, red and alsike clover, alsike clover and timothy. 

Sec. 3. That seed shall be considered unfit for seeding purposes within the meaning 
of this act: First, when any kind or variety of clover or alfalfa seed contains more than 
one seed of dodder to five grams of clover or alfalfa; second, when any kind or variety 
of the seeds named in section one of this act contains more than three per centum, by 
weight, of seeds of weeds. 



[Suggested revision for H. R. 29163, Sixty-first Congress, third session.] 

A BILL To regulate commerce among the States and with foreign nations, and to prevent the transpor- 
tation of adulterated and misbranded seed, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled. That the introduction into any State, Territory, or District of 
the United States from any other State, Territory, or District, or from any foreign 
country, of any seed adulterated or misbranded, within the meaning of this act,|.is 
hereby prohibited ; and any person who shall knowingly ship or deliver for shipment 
from any State, Territory, or District of the United States to any other State, Territory, 
or District of the United States, or who shall receive in any State, Territory, or District 
from any other State, Territory, District, or foreign country, and having so received 
shall knowingly deliver or offer to deliver in original unbroken package, for pay or 
otherwise, to any other person any seed adulterated or misbranded, within the mean- 
ing of this act, shall be guilty of a misdemeanor, and for such offense be fined not 
exceeding one hundred dollars for the first offense and for each subsequent offense 
be fined not exceeding three hundred dollars in the discretion of the court: Provided, 
however, That this act shall not apply to seed to be used solely for propagation or 
testing and not for sale or distribution: And provided further , That nothing in this act 
shall be held to prohibit the transporting, handling, storing, and bulking of seed 
for the purpose of being cleaned, mixed, graded, or labeled before being offered for 
sale for seeding purposes. 

Sec 2. That the Secretary of Agriculture shall make uniform rules and regulations 
for carrying out the provisions of this act. 

Sec. 3. That the term "seed" as used in this act shall include grass, clover, forage 
plant, and other agricultural seeds intended for seeding purposes. 



44 ADULTERATION AND MISBRANDING OF SEEDS^ BULBS, ETC. 

Sec. 4. That for the purposes of this act seeds shall be deemed to be adulterated — 

First. If seed purporting to be orchard -grass seed shall contain more than three per 
centum of seed of rye grass or meadow fescue; if seed purporting to be Kentucky blue- 
grass seed contain more than three per centum of seed of Canada blue grass; if seed 
purporting to be red-clover seed contain more than three per centum of seed of yellow 
trefoil; if seed purporting to be alfalfa seed contain more than three per centum of 
seed of yellow trefoil, burr clover, and sweet clover, singly or combined; or if any 
seed purporting to be of one kind or variety contain more than five per centum of 
another kind or variety distinguishable in the seed: Provided. That no seed shall be 
deemed to be adulterated, within the meaning of this paragraph, when accompanied 
by a statement or label in the form and manner prescribed by the rules and regula- 
tions in this act provided for, giving the names and approximate amounts or propor- 
tions of the kinds or varieties of seed contained therein. 

Second. If seed of any kind or variety of clover, alfalfa, or flax contain more than 
one seed of dodder to five grams of seeds of clover, alfalfa, or flax, respectively; or if 
any seed contain weed seed to an extent which renders it unfit for seeding purposes: 
Provided. That the provisions of this paragraph shall extend only to seed imported 
from a foreign country. 

Third. If there shall be knowingly added to seed any weed seed or dead seed, 
or any other matter materially reducing its value for seeding pm-poses: Provided, 
That it shall not be construed as a violation of this paragraph to blend different lots 
of seed of the same kind or variety which are not themselves adulterated, within the 
provisions of this act, or to mix different kinds or varieties of seed when named and 
labeled so as to plainly show the same to be a mixture. 

Sec. 5. That, for the pm-poses of this act, seed shall be deemed to be misbranded — 

First. "\\Tien one kind or distinguishable named variety of seed shall be offered 
for sale under the name of another kind or distinguishable named variety of seed. 

Second. If in package form and the quantity of the contents is stated, they are 
not plainly and correctly stated in terms of weight, measure, or count, or if the pack- 
age shall not plainly show the year in which the seed was packeted. 

Third. If the seed be falsely labeled Or branded as to the State, Territory, 
locality, or country in which raised or produced. 

Fourth. If the package containing it or its label shall bear any statement, design, 
or device concerning the seed contained therein which statement, design, or device 
shall be false or misleading in any material particular, or if the contents of the pack- 
age as originally put up shall have been removed in whole or in part and other con- 
tents shall have been placed in such package. 

Sec. 6. That no dealer shall be prosecuted under the pro\dsions of this act when 
he can establish a guaranty, signed by the wholesaler, jobber, producer, or other 
party residing in the United States from whom he purchased such articles to the 
effect that the same are not adulterated or misbranded within the meaning of this act, 
designating it. Said guaranty to afford such protection shall contain the name and 
address of the party or parties making the sale of such articles to such dealer, and in 
such case said party or parties shall be amenable to the prosecutions, fines, and other 
penalties which would otherwise attach in due course to the dealer under the pro\'isions 
of this act; but it shall not be lawful to place on any package or container of seed any 
label showing that the same are guaranteed under this act unless such label further 
shows that the guaranty is l)y the producer or wholesale or other dealer, nor unless 
such label further complies with the rules and regulations to be made by the Secretary 
of Agriculture, as herein provided for. 

Sec. 7. That if any seed that is knowingly adulterated or misbranded within the 
meaning of this act and is being transported from one State, Territory, or District 
to another for sale, or, having been transported, remain unloaded, unsold, or in 
original unbroken packages, or if the same be sold or offered for sale in any Territory 
or District, or are imported from a foreign country for sale, shall be liable to be pro- 
ceeded against in any district court of the United States within the district where 
the same are found, and seized for confiscation by a process of libel for condemnation. 
And if any such seed is condemned as being adulterated or misbranded, within the 
meaning of this act, the same shall l)e disposed of by destruction or sale, as the court 
may direct, and the proceeds thereof, if sold, less the le.gal costs and charges, shall 
be paid into the Treasury r)f the United States: Provided, however. That upon the 
payment of the cost of such lil)el proceedings and the execution and delivery of good 
and .'^ufliciont bond to the effect that such seed shall not be sold or otherwise disposed 
of contrary to the provisions of this act, or the laws of any State, Territory, or District, 
the court mav, bv order, direct that such seed be delivered to the owner thereof. 



ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 45 

The proceedings of such libel cases shall conform, as nearly as may be, to the pro- 
ceedings in admiralty, except these notices of such seizure shall be served by the 
marshal to whom the monition in the libel proceedings has been delivered, on the 
owner, consignor and consignee of said seed either by actual delivery to said person 
or persons or by registered letter, and immediately after seizure of the seeds, and the 
return of the marshal on said monition shall state that such personal or written notices 
were duly served, and except that either party may demand trial by jury of any issue 
of fact joined in any such case, and all such proceedings shall be at the suit of and, in 
the name of the United States. 

Sec. 8. That the Secretary of the Treasury shall deliver to the Secretary of Agri- 
culture, upon his request, from time to time samples of seed being imported into the 
United States or offered for import, giving notice thereof to the owner or consignee, 
who may appear before the Secretary of Agriculture and have the right to introduce 
testimony, and if it appear from the examination of such samples that any seed offered 
to be imported into the United States are adulterated or misbranded within the mean- 
ing of this act, or are otherwise falsely labeled in any respect, or are intended for 
adulteration purposes, the said seed shall be refused admission under such regulations 
as the Secretary of the Treasury may prescribe: Provided, That the Sercetary of the 
Treasury may deliver to the consignee such seed, pending examination and decision 
in the matter, on execution of a penal bond for the amount of the full invoice value of 
such seed, together with the duty thereon, and on refusal to return such seed for any 
cause to the custody of the Secretary of the Treasury when demanded, for the purpose 
of exclusion from the country, or for any other purpose, said consignee shall forfeit 
the full amount of the bond: Provided further , That such seed may be recleaned in 
accordance with such rules and regulations as may be prescribed by the Secretary of 
Agriculture, and when so recleaned as to comply with the provisions of this act the seed 
shall be released to the consignee or owner, but the screenings removed from such 
seed shall be disposed of in the manner prescribed by the Secretary of Agriculture. 

Sec. 9. That the term "Territory" as used in this act shall include the insular 
possessions of the United States. The word "person " as used in this act shall be con- 
strued to import both the plural and the singular, as the case demands, and shall 
include corporations, companies, societies, and associations. When construing and 
enforcing the provisions of this act, the act, omission or failure of any officer, agent, 
or other person acting for or employed by any company, corporation, society, or asso- 
ciation within the scope of his employment or office shall in every case be also deemed 
prima facie to be the act, omission, or failure of such corporation, company, society, 
or association as well as that of the person. 

Sec. 10. That this act shall be known, described, and designated as the agricultural 
pure seed act of 1911. 

Sec. 11. That this act shall take effect and be in force from and after its passage, 
except that no penalty of fine, or confiscation shall be enforced for any violation of its 
provisions occurring prior to the expiration of eighteen months after its passage. 



RESOLUTION ADOPTED AT THE THIRD ANNUAL MEETING OF THE ASSOCIATION OF OFFICIAL 
SEED ANALYSTS HELD NOVEMBER 14,15, 1910, AT WASHINGTON, D. C. 

Whereas Canada has a strict seed-control law which prohibits the sale in that country 
of low-grade seed but specifically provides for its export; and 

Whereas France and the Argentine Republic forbid the introduction into these 
countries of clover and alfalfa seed containing seeds of dodder; and 

Whereas the conditions in Germany, Austria, Switzerland, Belgium, Holland, 
Denmark, Norway, and Sweden are such that large quantities of low-grade and worth- 
less seed, for which there is no ready local market, are collected in the large seed 
handling centers for export; and whenever the price of clover and alfalfa seed in this 
country is high, large amounts of such low-grade European seed are imported for the 
purpose of mixing with other seed in order to create low grades for sale in American 
markets; and 

Whereas we believe the introduction into this country of this class of seeds is a 
positive menace to our agriculture: Therefore be it 

Resolved that the Association of Official Seed Analysts favors the immediate pas- 
sage of such legislation as may be necessary to prevent the introduction into the United 
States of forage plant seeds containing such large proportions of weed seeds or dead 
seeds or other matter that they are of little or no value for agricultural purposes. 



46 ADULTERATION AND MISBKANDING OF SEEDS, BULBS, ETC. 

REPORT OF THE COMMITTEE ON SEED LEGISLATION OF THE ASSOCIATION OF OFFICIAL 

SEED ANALYSTS. 

The following report, being recommendations to serve as a basis for uniform State 
seed legislation, made by the committee to the association at its second annual meet- 
ing, held in Boston December 28-29, 1909, by Dr. CD. Woods, chairman, and Dr. 
L. H. Pammel, was unanimously adopted: 

Scope of the latv. — Law at present to contemplate only purity. It is deemed inad- 
visable to include vitality until methods of making germination test are satisfactorily 
worked out. 

The guaranty. — Each lot or package to be accompanied by a plainly written or 
printed statement giving the name of the seed and the percentage of purity (freedom 
from foreign matter of all kinds). 

Methods of analysis. — The methods of analysis shall be the methods adopted at the 
time by the Association of Official Seed Analysts. 

Analyses. — Analyses shall be made for persons resident within the State at a fixed 
charge sufficient to cover the cost. 

Kind of seeds. — Principal agricultural seeds. Not to apply to horticultural seeds 
nor to rare and unusual seeds; the kinds of seeds to be named in the law. The list 
would vary somewhat with the State, but in general would include seeds of alfalfa, 
barley, Canadian bluegrass, Kentucky bluegrass, brome grass, buckwheat, alsike 
clover, crimson clover, red clover, white clover, medium clover, field corn, Kafir 
corn, meadow fescue, flax, millet, oats, orchard grass, rape, redtop, rye, sorghum, 
timothy, and wheat. 

Amount of seed. — Seed in lots of 10 pounds or more. 

Noxious weeds to be prohibited or restricted in amount. — Certain noxious weed seeds 
to be excluded in States where they are a public menace. Certain noxious seeds to 
be permitted if their presence and amount is plainly stated. 

Claim for damage by user. — Any claim for damage because of quality of seed must be 
made before the seed is sown, and within a reasonable time after purchase. 

Funds for enforcement. — To be pro\'ided by a liberal State appropriation. 

Exemptions from, law. — Seeds sold for food purposes. Uncleaned seeds in the hands 
of the groAvers or middlemen on the way to the cleaners (if free from prohibited seeds 
and marked " uncleaned "). 

Private hearings. — All violations to be investigated by means of a private hearing 
before prosecution is begun. 

Penalty. — Fine and not imprisonment. 

Publicity. — Results of inspection and analyses to be published only in case of direct 
knowledge, such as would be admitted in court as evidence. 

Inspection. — Authority to inspect,' collect samples, and analyze to be given the 
executive officer in person or by deputy. 

Executive. — To be in accord with practice of State with similar laws. The Depart- 
ment of Agriculture, a commissioner, or station director. 

Form of law. — The law in the different States to conform in language, etc. , to other 
similar laws, as those regulating the sale of feeding stuffs, fertilizers, foods etc. 



PAPER SUBMITTED BY MR. ALBERT m'CULLOUGH IN REGARD TO HOUSE BILL 20373. 

We appear before the committee to-day in behalf of the wholesale grass-seed dealers, 
not as opposing legislation, but asking, as we have done heretofore, for the enactment 
of a bill that will regulate and correct, as far as is possible, the e^■ils that exist in our 
particular branch of the seed business. 

We have before us for consideration two bills, one of which we have already gone 
on record, so also the other seed organizations, as ha^dng indorsed the principle thereof, 
and we believe that if this bill (H. R. 20373). with the proper additions, is reported 
favorably by the committee and becomes a law it will prove the lirst step to control 
the evil which has been the primary cause of the majority of the complaints that have 
been put on record so far, and therefore we trust that your committee will to-day 
give this bill special consideration, together with the proposed additions thereto, and 
report favorably thereon. 

We all know that in times of short crops, which we are sorry to say iave existed 
several times within the last 15 years, there is a gi'eat temptation to go over to Europe 
and bring in low grades of seed in order to meet the popular demand for cheaper 
articles in order that the farmer may reduce his running expenses. That such a 
demand exists no one who is at all familiar with the situation of the trade will attempt 



ADULTERATION AND MISBEANDING OF SEEDS, BULBS, ETC. 47 

to deny, and our friends on the other side of the water are never backward in availing 
themselves of any and all opportunities of this kind. . The results, of course, have 
been anything but beneficial to the farming community at large. Vast quantities of 
seed have been scattered broadcast over the country. Some sections where it has 
been impossible at times to sell anything but a cheap grade of seed have become so 
inoculated that it is a question whether now it would be possible for them to ever 
get the farms in a worse condition. We can not, of course, attempt to do anything 
m the way of legislation that will control the past or have anything to do with it, 
but we can profit by the past experience and stop this kind of business as far as the 
future is concerned. 

We have every reason to believe that this bill will answer the purpose and prove 
the first step in the right direction. We can not conceive to-day how it would be 
possible to enact a law that could be properly enforced which attempts to cover the 
■entire ground of trafficking in seeds. We do not believe it is possible to carry out 
the provisions of the bill that attempts to cover the entire field. Science has not 
progressed sufficiently as yet to attempt anything of this kind. If there is a demand 
for anything of this kind it will, in our judgment, have to be taken up by special 
and separate bills. 

We now ask and demand protection along the lines of this bill, 20373. We can 
not rest under the charge made that the seedsmen of the United States are in the habit 
of disseminating adulterated and misbranded seeds. In no business in the world 
does there exist a higher standard of morals and business integrity than there exists 
among the seedsmen, and no reputable seedsman to-day will attempt to offer an excuse 
for any one who knowingly will handle or will disseminate adulterated or misbranded 
seeds. Rather than offer an excuse for such a party, we are here to-day ready to 
ask protection from such, as being even more \dtariy interested than the farmers 
whom we are attempting to protect under the provisions of the law. Our reputation 
and business integrity is assailed and we rise as a body in protest, that the action of 
any such individual be taken or considered, even for an instant, as the action of the 
seed trade in general. 

We ask first the enactment of this bill, regulating the importation into this country 
of the foreign seeds, believing that it is the primary cause for trouble and the first 
step of protection from the evil, and one which the oSicials of our Government can 
readily see is properly carried out in every provision. The Department of Agriculture 
is thoroughly equipped to do this under its present organization. 



The Illinois Seed Co., 
Chicago, February 3, 1910. 
Hon. James R. Mann, Washington, D. C. 

Dear Sir: I am in receipt of your favor of January 24 and I thank you for 
kind attention. 

Soon after the receipt of your letter of January 19, 1 sent out a number of letters to 
seedsmen asking for suggestions and criticisms upon the new draft of your pure-seed 
bill. Replies thus far received make it seem necessary to have a meeting of our 
committee on seed legislation, and other interested parties, before we can formulate 
anything which will be representative of the opinion of the seed trade. 

Accordingly I have called a meeting for February 9 in Chicago for consideration of 
this subject, and soon after the date of this meeting I hope to communicate with you, 
giving you the results of our discussion. I trust this will not be too late to serve your 
purpose and that no definite action will be taken until after this date. Meantime I, 
personally, want to express my appreciation of the evident intention shown in this 
new draft of your law to eliminate many of the features of yom- former bill, which 
would have been burdensome to seed merchants. W^ould be glad to know whether 
you still consider it necessary to have your bill apply to seed exported or intended for 
export. My own judgment is that the reference to export should be cut out of the 
second and thii-d paragraphs of section 4, if not from the whole bill. Of course, I 
would not undertake to defend the action of a dealer who would, knowingly, ship 
adulterated seed for export, but since we have native seed containing dodder, which is 
commercially valuable in the markets of the world, I see no reason why we should 
prohibit its export and thus, perhaps, cause it to be resown within the States which 
produced it. 

As you doubtless know, many States are considering seed laws, and the whole sub- 
ject of State seed legislation is being carefully considered. A joint committee meet- 
ing was held in Boston the latter part of December, where seed representatives of 
the Society of OflB-cial Seed Analysts and of the seed trade associations of the country 
were in conference together with regard to a proposed uniform State law. Progress 



48 ADULTERATION AND MISBEAXDING OF SEEDS, BUL.BS, ETC. 

was made, and it is probable that laws will be passed in various States during this 
year. Under the existing circumstances might it not be well to postpone Federal 
legislation with regard to interstate commerce in seeds until some of these State laws 
have been tried out more fully? 

Meantime the most essential requirement of the situation seems to be to prevent 
the importation of adulterated seeds and seeds unfit for planting. May I call to 
your attention the inclosed suggestion for a bill, which though perhaps not in strictly 
legal phraseology, yet Lthink covers the essential points which will to a large extent 
protect the soil of our country against the refuse of foreign seed markets which has 
been so often marketed here? 

I am writing you this without responsibiity to my associates in the seed trade, 
hoping to obtam from you an expression of opinion in advance of our meeting as to 
whether some such measure would not be acceptable to you for the present in lieu of 
a more comprehensive measure covering the entire field of interstate trade in seeds. 
May I have some expression of opinion from you in regard to this at your earliest 
convenience? 

Thanking you in advance for your courtesy in this matter, 1 am, 
Yours, sincerely. 

Geo. S. Green. 



Department of Agriculture, 

Office of the Secretary, 
Washington, D. C, February 4, 1910. 
Hon. James R. Mann, 

House of Representatives. 

Sir: With reference to the proposed pure-seed act introduced by you in the present 
session of Congress, copies of which were transmitted on January 19, 1910, to the 
Chief of the Bureau of Plant Industry for examination by specialists of that bureau, 
I have to advise you that the department is in favor of any legislation which will 
insure that the farmers, market gardeners, and other growers of this country shall 
obtain seed of the highest standard of pm-ity and viability obtainable. I am of the 
opinion that legislation on this subject is much needed and that the bill under con- 
sideration will remedy many of the evils which are known to exist in the seed trade, 
resulting from the willful and fraudulent adulteration and misbranding of seeds by 
dishonest and unscrupulous seedsmen. However, if the bill were enacted into law 
in its present shape it is believed that certain difficulties in its practical application 
would be encountered, to obviate which the following changes are suggested: 

Section 1. That to this section there be added a clause substantially as follows: 
"Provided, That seeds or bulbs to be used solely for propagation or testing and not 
for sale or distribution are expressly excepted from the operation of this act." Thia 
exception is deemed necessary in order that rare, new, and valuable seeds and bulbs 
from foreign countries or different sections of this country may be obtained by the 
Department of Agriculture, the State experiment stations, seedsmen, and others for 
testing and propagation, even though such seed or bulbs might be adulterated or 
misbranded within the meaning of the act. Seeds of some of the most valuable 
vegetable and forage crop plants now in cultivation in this country were obtained by 
agricultural explorers, agents, and experts of the Department of Agriculture abroad 
from natives and other sources in the past, and it is hoped will be obtained in the 
future under circumstances which make it impracticable to have the seed cleaned 
before its receipt in this country. It is believed that it is not the object of the bill 
to prohibit the importation of such seed for experimental purposes, and that this class 
of seeds should, therefore, be clearly excepted from the operation of the act. 

Section 4, clause 1. It is recommended that the word "extra" be stricken out so 
that the clause will apply to all seeds of the kinds named. As the clause now stands 
it is restricted in its application to such seeds or bulbs as are designated "extra," so 
that seedsmen could evade the law by simply omitting the word "extra" and using 
some other descriptive word intended to mislead the purchaser, as "fancy" or 
"choice," etc. 

Section 5, clause 1. I would recommend that this clause be changed to read, "when 
one kind or named variety of seeds or bulbs is offered for sale under the name of another 
kind or named variety of seed or bulb which are dilsinguishable by inspection, exami- 
nation, or test." Kinds and varieties of forage crop seeds are in most cases distin- 
guishable by inspection, but the same is not true of all Aegetable seeds or bulbs. As 
the clause now stands, it is believed that it would be impracticable to apply it without 
great and unnecessary hardship, inasmuch as there are thousands of growers of vege- 



ADTJLTEBATION AND MISBRANDING OP SEEDS, BULBS, ETC. 49 

table seed who are unable to distinguish named varieties, whose trueness to varietal 
type can be determined only by trained experts. It would be manifestly unjust to 
apply the penalties of the act to such growers and to seedsmen by whom their products 
are handled in good faith. In other words, it is not believed that seed growers and 
seedsmen generally can be reasonably expected or required to distinguish between 
named varieties of vegetable seeds which can be distinguished only by a few trained 
experts. Furthermore, it is believed to be impracticable to apply the clause in ques- 
tion, as it now stands, in the case of seeds and bulbs which are not themselves dis- 
tinguishable because the fact that seeds of one variety had been sold for seeds of another 
distinguishable variety could not be detected or discovered until some months after 
the seed had been planted and reached a certain stage of growth or maturity. By 
changing the clause to read, "kinds or named varieties which are distinguishable by 
inspection, examination, or test," every seedsman will be required to know the pecul- 
iar characteristics of different varieties of seeds and bulbs by which they may be 
distinguished, which requirement is believed to be reasonable and the only one that 
can be enforced in practice. 

Section 5, clause 4. I would recommend that the words "or, if the year in which 
the seed was packeted is not stated or is incorrectly stated," be inserted between 
the word "particular" and the words "or, if," etc. It is very desirable that the year 
in which the seed is grown be stated on the packets, but it is believed to be imprac- 
ticable, especially where two or more lots of seed of the same A-ariety, but grown in 
different years, are mixed, which is permissible under section 4, clause 4, of the act; 
or where seed is obtained from abroad and the year in which it was grown is not known 
and can not be ascertained. It is practicable, however, to show on every package 
the year in which the seed was packeted, and a requirement that this information be 
correctly shown on the packet, together with a requirement that the contents of the 
package as originally put up shall not be removed, in whole or in part, would enable 
purchasers to form an estimate of the approximate age of the seed. 

Section 9, page 8, line 5. Note that the concluding portion of this section appears 
to have been omitted by the printer. 

Section 12. It is recommended that this section be changed to read as follows: "That 
this act shall take effect and be in force upon the expiration of six months after 
the Secretary of Agriculture shall have promulgated rules, regulations, and stand- 
ards, as provided in section two hereof;" or if this be considered too indefinite, that 
the words "six months" be changed to "one year." It seems doubtful whether six 
months would allow sufficient time in which to prepare rules and regulations and to 
establish standards for the different varieties of seeds and bulbs, as provided in sec- 
tion 2, or for the seed trade to adjust its business to meet the requirements of such 
rules and standards. Proper and effective rules and regulations for the enforcement 
of the act can not be formulated until definite standards shall have been established, 
which will require considerable investigation, particularly with reference to deter- 
mining the characteristics by which varieties of seeds and bulbs may be distinguished, 
and the degree of purity which it is practicable to secure in the case of forage-crop 
and other seeds by mechanical or other means. Investigations on these subjects are 
now under way, and it is evident to the department that these investigations can 
not be completed within six; months. To attempt to enforce the act within six months 
of its passage would probably work unnecessary hardship and result in financial 
loss to both seedsmen and growers. For instance, the rules and standards fixed by 
the department under the act might make it necessary for the seed trade to discard 
thousands of catalogues and millions of packets or labels, and render useless or un- 
salable many tons of seed in stock at the time the act becomes effective, and several 
months at least would be required to replace them with correct labels, etc. The 
delay involved in meeting the requirements of the act might, therefore, result in 
seriously hampering the sale or transportation of seeds near planting time and make 
it difficult or impossible for growers throughout the country to obtain their seed. It 
is recommended, therefore, that section 12 be changed as indicated. 

In view of the importance of the proposed legislation, the specialists of the depart- 
ment have expressed a desire to confer with you with reference to certain features 
of the bill which they feel should have the most careful consideration, and they 
would like to have an opportunity to discuss these features with you before the bill 
is enacted into law. 

The absence from the city during the past few weeks of some of the specialists of 
the department who are deeply interested in the proposed legislation will explain the 
apparent delay in replying to your letter. 

Respectfully, James Wilson, Secretary. 

77746—11 4 



50 ADULTEKATIOiSr AND MISBEANDING OF SEEDS, BULBS, ETC. 

W. Atlee Burpee & Co., 

Philadelphia, February 7, 1910. 
Hon. J^-MES R. Mann, 

House of Representatives , Washington , D . C. 

Dear Sir: Again referring to your courteous favor of January 24 you will permit me 
to express my regret that when calling upon you in Washington and finding that you 
were busy presiding j,t a committee meeting I did not have an opportunity to return 
later in the day. 

After careful thought and study on the tentative bill, copy of which you so kindly 
sent, I am forced to the conclusion that there is no way possible by which legislation 
that would apply to agricultural seeds, including grasses and clover, could possiblj- 
be made to cover the subject of vegetable and flower seeds, or bulbs. In fact, I think 
any siich attempt would result only disastrously as far as quality of vegetable and 
flower seeds were concerned. For instance, refer to page 5, line 4, of your tentative 
bill and you will readily see that any cheap seeds so long as they were clean, of the 
proper variety and strong vitality, could be labeled "United States standard." 

As a matter of fact you must know that the leading seed houses of America are trjdng 
constantly to improve the strains of vegetable and flower seeds and are doing this at 
great expense. It would hardly be fair to them to have labeled cheap seeds of inferior 
stocks (even though they might be of true variety) "United States standard." 

Furthermore, if you will kindly refer to paragraph 3 on page 3, lines 17, 18 and 19, 
and then consider such a season as we have had this year when the best radish seed 
which is grown in France, we are pleased if it shows a germination of 70 to 75 per cent, 
while the cheaper radish seed grown in California (and which most market gardeners 
would not want at any price) shows much stronger germination. As an illustration 
of how impossible it is to prescribe any fixed standard of germination for a given class 
of seed let me tell you that in the fall of 1896 , when we had the Government contract 
for seed distribution on the Atlantic and Pacific Coast States, the germination of 
cauliflower was specified as 90 per cent and the variety selected Burpee's Best Early. 
We immediately advised the Hon. J. Sterling Morton, then Secretary of Agriculture, 
that we could easily supjjly cauliflower seed of the required vitality, but under no 
consideration would we send this out under the label of Burpee's Best Early, as this 
variety had been grovrn only in Denmark and the ^"itality seldom exceeded 78 to 82 
per cent. It was a question, therefore, whether we should supply some cheaper 
variety grown in France, Italy, or California (of course, under its proper name), or 
whether we should supply the variety asked for and which cost us several times as 
much to produce. 

Should you desire any further facts as to what seems to me an absolute impossibility 
of framing a bill that will really protect the planter of vegetable and flower seeds who 
is not careful of whom he buys his supplies I should be pleased to answer any questions 
you may send, or could call on you in Washington almost any day you might name 
after this week. 

Very truly, yours, W. Atlee Burpee. 



Maine Agricultural Experiment Station, 

Orono, Me., February 9, 1910. 
Hon. James R. Mann, 

House of Representatives, Washington, D. C. 

Dear Sir: The official seed analysts have been much impressed with the need in 
the various States of a uniform law controlling the sale of seeds. They are, of course, 
also greatly interested in the bill which you introduced into the last session of Congress. 

At the time of the Boston meeting of the Association for the Advancement of Science 
a long session was held with a special committee appointed by the American Seed 
Trade Association on legislation, as well as their executive committee. As a result 
of this conference quite a number of points were agreed upon relative to a law which 
should consider purity alone. Because of the very conflicting results ingerniinatiou 
that were obtamed by different methods in different laboratories it seemed unwise, 
until a further study of methods has been made, to introduce anything relative to the 
vitality of seeds into a law. 

In connection with this meeting we became firmly convinced that the seed trade 
would favor a law regulating the im])ortation of seeds. I am not at all certain that 
they are yet ready for a law to control interstate trade in seeds. It occurred to some 
of us who are interested in this matter from the official standpoint that in national 
legislation it might not be possible to do something, as was done in the case of food 
and drugs. You will recall that we had a law regulating the importation of foods and 



ADULTERATION AND MISBRANDING OF SEEDS, BULBS, ETC. 51 

drugy long before it was possible to get enacted the law regulating the interstate trade 
in these commodities. 

We are firmly convinced that a Federal law prohibiting the importation of low-grade 
seeds would be of great service to the agriculture of the United States. We also think 
that a good part of the seed trade is in favor of seed legislation, and if it was properly 
proposed there would be little difficulty in carrying such a bill through. 

It occurred to us that such legislation could at this time be confined to a few points 
such as the following: 

The seed to be included to be all clover, grass, and forage-plant seed intended for 
seeding purposes. It might be desirable to prohibit the importation of seed which 
contained dodder and which contained weed seeds or dead seeds which rendered it 
imfit for feeding purposes. 

After talking the matter over with some of the Washington people I found that the 
difficulty of administering such legislation would be very slight, as on the passage of 
such a laAv dealers would stop the importing of the seeds prohibited by the law and 
the desired effect might be obtained with very little trouble or expense from the 
standpoint of inspection. 

I have not conferred with the honorable Secretary of Agriculture relative to such a 
measiu-e, but I feel pretty confident from some of his subordinates that this might be 
handled without any additional appropriation. The seed laboratory is well equipped 
for doing all of the work that would need to be done from the analytical standpoint, 
and I presume that through cooperation with the Treasury Department it could be 
handled without special inspectors to be stationed at the various ports. 

I trust you will pardon my intruding myself upon you in this connection, but 
knowing your interest in seed legislation and hearing the rumor that the bill along simi- 
lar lines as the one proposed to the last Congress was to be presented again in the 
present Congress, I am taking the liberty of suggesting the introduction of a bill far 
less Avide in its scope, which might be used as an entering wedge to successful fiu'ther 
congressional action. 

Yoiu's, truly, Chas. D. Woods, Director. 



The Illinois Seed Co., 

' Chicago, February 12, 1910. 
Hon. James R. Mann, Washington, D. C. 

Dear Mr. Mann: I am in receipt of your letter of February 5, for which accept 
thanks. I shall be glad to have printed copies of the suggested outline for bill regard- 
ing importation of seeds when it is printed. 

The meeting of committees representing the leading associations of seedsmen in 
the United States was held in Chicago February 9, as planned. After a prolonged dis- 
cussion of the subject we found the problem of evolving a satisfactory law, dealing 
with interstate commerce in all varieties of seeds, as difficult and perplexing as ever. 

It was the opinion of the majority of those in attendance at the meeting that no law 
should be enacted in which garden seeds and bulbs were included under the same 
provisions as might properly apply to grass and clover seeds, because the conditions 
of production and use of these two classes of seeds are so radically different. 

It was also thought that it was unwise to provide for arbitrary standards to be fixed 
by the Secretary of Agriculture, for the following reasons: 

First. It is believed to be impossible to make such standards properly conform to 
the varying requirements necessitated by varying climatic and crop conditions attend- 
ing the production of seed. 

Second. The best methods of testing seeds for purity and germination which are 
now in use are not sufficiently uniform and accurate, and the vitality of seeds not 
sufficiently stable to warrant imposing heavy penalties for the sale of seeds falling 
below a certain arbitrary standard. 

Third. ^Vhile purity and germination constitute the only available basis for arbitrary 
standards, they are by no means a complete or accurate measure of the actual value 
of seeds to the user thereof. Color and size of seed, locality of production, trueness 
to type, excellence of strain, and many other qualities enter into the value of seeds, 
and in any given instance any one of these might be the determining factor in meas- 
uring their true value to the user. These considerations make it manifestly unjust 
to allow the terms "United States standard" to be applied indiscriminately to all 
seeds of certain varieties which might reach certain standards of purity and germina- 
tion, thus tending to create the false or misleading impression that they are all of 
equal value. 

Fourth. It is believed to be questionable public policy to place in the hands of any 
public officer the power to hamper any trade or business to the extent that such pro- 



62 ADULTEEATIOX AKD MISBEAXDIXG OF SEEDS^ BITLBS^ ETC. 

posed standards would do, especially in a case where the knowledge of conditions of 
production and the apparatus and methods for making tests are only now in the 
process of evolution, and not by any means perfect. 

We believe that no legislation should restrict or prohibit the exportation of any 
class of seeds having commercial value in any foreign country; for example, there is 
now produced in this country clover and alfalfa seed in considerable quantities con- 
taining dodder. There is a foreign market for such seeds. There are certain climates 
and countries in which dodder does not thrive, and there is no sound reason, either 
commercial or moral, to absolutely prohibit the exportation of such seeds. On the 
contrary, such prohibition would tend to cause such seed to be resoAvn within our own 
coimtry. 

We believe that the pro\dsion in section 9, page 7, lines 20, 21, and 22, "or is or are 
of a quality forbidden entry into or forbidden to be sold or restricted in sale in the 
country from which exported, " is unfair' and would prove exceedingly bm'densome, 
because it throws upon the importer the necessity of keeping thoroughly informed at 
all times about legislation in any foreign country from which he piu-chases seeds. 
Even then he could not be thoroughly protected, as some new law might be passed in 
the exporting country between the time he contracted for the goods and the time of 
shipments reaching the United States customhouse. Fmthermore, some restrictions 
which might be wise or necessary in the country of prduction might be entii'ely unnec- 
essary and unwise here. 

There are other more or less important points in your proposed law with regard_ to 
which the wording would seem to need change which we shall be glad to take up ^yith 
you in conference should necessity arise and opportunity be afforded. We appreciate 
the evident fair-minded spirit which has led you to eliminate so many of the burden- 
some features of your former bill, and we believe you will upon reflection concede 
the force of our arguments stated above, and ^vill not hastily introduce or m-ge a law 
unless you believe it to be in all respects suitable for the requirements of the situation. 
In the meantime oiu* committees resolved to indorse my suggestion for a bill to prevent 
the importation of adulterated seeds or seeds unfit for planting, and to pledge you our 
support to help to secure the prompt passage of a bill covering this ground in case you 
should consent to introduce and m'ge for passage such a bill. 

Referring again to your letter of February 5 with regard to State seed legislation A^dll say 
that the general sentiment of the trade has always been favorable to a single workable 
Federal law governing the sale of seeds in preference to diverse State laws. However, 
the legislatures of many States have already passed seed laws, some of them being very 
impracticable and unwdse, and other such laws are under consideration. The Boston 
conference was held with the hope that more uniformity and reasonableness might be 
eecm-ed with regard to State legislation, and it is hoped that the situation will clear up 
somewhat during the next year. In the meantime it seems to us unfortunate to fur- 
ther complicate "the situation by a Federal law. which may not in any way work in 
harmony -with the State laws now in existence, or soon to be passed. 

I understand you are one of the busiest men in Congress, and this is a busy time of 
year wdth ail seedsmen. It seems hardly probable that it will be possible to \york out 
during the present session of Congress a bill governing interstate commerce in seeds 
which will be really helpful to agriculture and at the same time not unduly biu'den- 
some to dealers. Such being the case, would it not be wise to do promptly the thing 
which we are all agreed should be done, viz, stop the importation of low grade and 
worthless grass and clover seeds, leaving for futiue attention the far more difficult 
ta.sk of framing a more compregensive bill regulating interstate trade in seeds? 

Hoping to have your views with regard to this matter, at your earliest convenience, 
and hoping that no fm-ther definite action will be taken without ample opportunity for 
further discussion of the subject, I am, 
Yours, sincerely, 

Geo. S. Green, 
Chairman Committee on Legislation of the American Seed Trade Association. 



W. Atlee Burpee & Co., 

Philadelphia, February 16, 1910. 
Hon. James R. Mann, 

Chairnmn Committee on Interstate and Foreign Commerce, 

House of Representatives, Washington, D. C. 
Dear Sir: Replying to your favor of the 14th instant in which you state, "So far I 
have received no assistance from the dealers in vegetable and flower seeds in reference 
to formulating any proposed legislation," permit me to say that, after 34 years' active 
experience in the seed business, personally 1 can not see how any special legislation 
could be enacted which would benefit the planter, purchaser, or dealer in vegetable 
or flower seeds. ^ 



ADULTEKATION AND MISBKANDING OF SEEDS, BULBS, ETC. 53 

It is, of course, comparatively easy to legislate relative to grass, clover and agricul- 
tural seeds when admixtures can be detected. With vegetable and flower seeds the 
mechanical purity is, of course, a very easy matter to insure, but the two points that 
are necessary are vitality and purity of strain. As I said in my last, sometimes the 
finest strains in unfavorable seasons, or because necessarily produced under certain 
climatic conditions, will have less strength of vitality than inferior stocks grown in 
other sections. 

WTiile we have never adopted a disclaimer used by seedsmen generally, yet we 
would not take from this a "holier than thou" position. I am quite sure that any 
first-class, honest seedsman would return the purchase price paid for seeds if there 
was any error or mistake on his part. The vitality of seeds can, of course, be tested 
before their selling or planting, and such tests (to the number of more than 14,000) 
are made by us every year. In a single fall have entirely destroyed seeds which have 
coat us more than $10,000 because they were defective in germination. 

Of much greater import is the quality of the stock, and this can only be assured by 
careful inspection of growing crops, selection of stocks, and then, as a safeguard, the 
testing of samples. 

Under separate cover we are mailing you under letter postage, with copy of our cata- 
logue, a copy of our thirtieth anniversary prize supplement for 1906, and would kindly 
ask you to read page 18 , where you will see that more than 7,000 field trials are made 
annually in the open ground. 

Now, we are doing all that we can to maintain and advance the quality of seeds sold, 
and we are quite sure that the majority of other first-class seed houses are doing the 
same. 

It is, of course, impossible to attain an ideal in every vegetable. We would ask you 
to refer to the upper right-hand corner of page 75 of our retail catalogue , where accom- 
panying illustration of Prize-Taker onion. We admit that the photograph repro- 
duced "shows the ideal form, but most of the onions will not come so perfectly globu- 
lar." 

Now , the point that I made in my last letter to you seems to me to be unanswerable — 
that if from mechanical pmity and germination alone any seedsman or dealer is 
allowed to use the words "United States standard," the planter would suppose that 
necessarily he was obtaining first-class seed of choice, pedigreed strains, whereas he 
might be getting the cheapest rubbish. 

All honest seedsmen will, of course, agree with you in your desire that there should 
be restraint by law, were it possible to have such restraint, "from willful adulteration 
or misbranding, or the sale of seed which they know, or by reasonable diligence should 
know, will not grow." ButhoAvis such "willful adulteration" or "willful misbrand- 
ing" ever to be proved? 

Very respectfully, yours, W. Atlee Burpee. 

P. S. — Since dictating the above , I think it well to call your attention to the wording 
at top of om- order sheet in retail catalogue, mailed under separate cover, and also 
attached to this copy of the "checker's slip," which is put in every order and which 
emphasizes the same statement — that while we offer money back, this does not and 
can not be expected to insure any consequential damage, as "no honest seedsman 
could possibly guarantee a first-class crop in everv case." 

W. A. B. 



"Checker's Slip" for 1910. 

To the recipient of this pacJcage: 

Your order has been marked "0. K." and passed finally by Checker A. 

In the great rush of business, however (notwithstanding our system), mistakes do 
sometimes occur. Now please advise us immediately when you have compared these 
seeds with a copy of your order if they are not exactly right, returning this "checker's 
slip," so that we may know who was finally responsible. 

We shall correct any mistake that, despite our care, may have occurred. We do 
not want you to "keep quiet" if anything is not received satisfactorily and just as 
ordered. But please be sm-e first to compare the goods received with a copy of your 
order. We frequently find upon looking up the original order that the seeds com- 
plained of as "missing" were not named upon the order sheet. 

Thanking you for your kind order and trusting to be favored with your fm'ther 
orders, we remain, 

Yoiu-s, truly, . 

W. Atlee Burpee. 

(Please turn over.) 



54 ADULTEEATION AKD MISBEAXDIXG OF SEEDS^ BULBS, ETC. 

"the plain truth''' is our aim. 

We will not misrepresent for the purpose of effecting sales, nor for any other purpose. 
We do not want any one to be misled even by our well-known guaranty. It should be 
understood that this guaranty applies only to the amount actually paid for the seeds. 
Therefore we have printed the following upon the top of each order sheet: 

In sending this order I rely upon your reputation as honest and experienced 
growers that you will use every care to send me only seeds which you really 
believe are the best that have been pi'oduced for planting in 1910. Should I 
discover that any mistake has been made, I shall advise you promptly, so that 
you can redeem the promise made on second page cover of Burpee's Farm Annual 
for 1910 — either to replace the seeds or refund the price paid, as I may direct. 
I recognize the fact tlaat a mistake may occasionally occur and also that success 
depends largely upon conditions of soil and climate, which are beyond human 
control: consequently no honest seedsman could assume responsibility for an 
amount beyond the actual cost of seeds. 
We do not guarantee that everyone who plants Burpee's seeds will harvest a good 
crop. Ultimate success depends upon conditions of soil and climate that are beyond 
human control. 
We are free to admit, also, that sometimes we make a mistake. 
" To err is human." When we do make a mistake, however, we agree (unlike most 
seedsmen) to refund the full price paid for the seeds — so that we bear .oui' share of 
the loss. 

Our employees, knowing this responsibility of the fu-m, realize the necessity of 
constant carefulness. 

No seedsman (unless he be a quack, of but little financial worth) could possibly 
guarantee a first-class crop in every case. Some faihu-es may occur, even with the 
best seeds that can be grown. 

We should be pleased to have another order from you this season, no matter how 
small. Will you not look over our annual catalogue for 1910 again and see if there are 
not a few other seeds you could use to advantage? If you have mislaid your copy or 
want several for friends, we shall be pleased to mail same immediately upon receipt 
of a postal card application. 

Please remember, should you forget our full firm name, that it is sufficient to address 
simply — either letter, telegram, or cable message — Burpee. Philadelphia. 



Maine Agricultural Experiment Station, 

Orono, Me., February 16, 1910. 
Hon. J. R. Mann, 

House of Representatives, Washington, D. C. 

Dear Sir: Since writing you I have received a copy of House bill 20373, which 
you introduced, to prohibit the importation into the United States of adulterated 
seed and seed unfit for planting. Will you kindly allow me to make one or two 
suggestions relative to the measure? 

Section 2 lays a large amount of stress upon adulterated seeds, which is very proper^ 
only that the amount of actually adulterated seeds shipped into the United States 
is very small. 

Section 3, it seems to me, should be somewhat widened in its scope. It is as impor- 
tant to have alfalfa and flaxseed free from dodder as clover seed. It is also important, 
as I suggested in my other letter, to prohibit the importation of dead seeds. There 
have been many cases where practically pure seed has been imported. M'hich was all 
dead. This was, of course, absolutely worthiest! and is used for mixing purposes. 
I would suggest inserting after the word ' ' clover, " in line 20, the words ' 'alfalfa or flax, ' ' 
and after the word "clover," in line 21, "alfalfa or flax," and after the word "con- 
tains," in line 23, the words "less than 75 per cent of live seeds or," so that (he section 
as amended shall read : 

"Sec. 3. Seed shall be considered unfit for seeding purposes within tlie meaning 
of this act, first, when any kind or variety of clover, alfalfa, or flax seed contains more 
than one seed of dodder to three thousand seeds of clover, alfalfa, or flax; second, 
when any kind or variety of the seeds named in section one of this act contains less 
than seventy-five per centum of live seed or more than three per centum by weight of 
seeds of noxious weeds." 

Yours, truly, ('has. D. Woods, Director. 



ADULTERATION AND MISBRANDING OF SEEDS^ BULBS, ETC. 55 

The Illinois Seed Co., 
Chicago, November SO, 1910. 
Hon. James R. Mann, Washington, D. C. 

Dear Mr. Mann: The writer called at your office recently, hoping to see you before 
you returned to Washington, but found that you had already left Chicago. 

I am no longer chairman of the American Seed Trade Association committee on seed 
legislation, but am still in the seed business and naturally interested in the question 
of seed legislation. Do you know whether anything is likely to be done with regard 
to national seed legislation in the near future? Personally I should be very glad indeed 
to see a bill passed promptly which would prevent importation of low-grade or adul- 
terated seed — a bill something along the line of the one which you introduced by 
request last March. Prof. C. D. Woods, of Orono, Me., is chairman of the seed legisla- 
tion committee of the Official Seed Analysts Association. His committee favors 
the prompt passage of such a bill, and if you could be interested to push this bill I 
believe it would be a good thing for American agriculture. Prices of alfalfa seed are 
very high this year and red clover is also comparatively high in this country, and 
there is more probability of the importation of low-grade seeds this year than there 
was last year. 

Seedsmen who want to handle good grades of seed would be glad to have the importa- 
tion of foreign screenings prohibited by law, and I feel sure that the Department of 
Agriculture and the various State officials would welcome such legislation. May I 
ask whether there is any probability of your trying to further this bill regarding 
importations? If so, I should be glad to submit some suggestions for slight changes in it, 
most of which are favorably regarded by representatives of the Bureau of Plant Indus- 
try at Washington. 

Have you given any further thought to the question of regulation of interstate com- 
merce in seeds? I trust we shall have an opportunity to discuss this matter with you 
before any definite action is taken. 

Yours, sincerely, Geo. S. Green. 



S. D. Woodruff & Sons, 
Orange, Conn., December 20, 1910. 
Hon. James R. Mann, M. C, 

Washington, D. C. 
Dear Sir: I am in receipt of advice that you have already filed the seed bill, and 
that the same has been referred to the Committee on Interstate Commerce. Am I 
correct in this, and if so, will you not kindly if you can conveniently, send me a copy 
of this bill? Of course, you are quite famUiar with the various phases of the matter in 
connection with seed legislation of any kind, and I probably do not need to tell you 
that the National Association of Seed Analysts, composed for the most part of direc- 
tors and representatives of the various State experiment stations, have had this matter 
under advisement for many months, and their plan ultimately is, I believe, to frame 
up a seed bill that may meet the reqiiirements of all concerned. The seed proposition 
as a whole is such that as you have doubtless fully observed, has so many difficulties 
in the way of making just legislation, that unless most carefully considered and 
drawn up, it is pretty sure to defeat its own purpose. 

I take this occasion also to request that you keep me informed as to any hearings 
that may be had on this bill, so that the American Seed Trade Association can be 
represented at such hearings. 

Thanking you in advance for your attention to this matter, and awaiting your ad- 
vices, I am. 

Very truly, yours, Watson S. Woodruff, 

Chairman Legislative Committee, 
American Seed Trade Association. 



Boston, December 20, 1910. 
Hon. James R. Mann, 

Chairman Interstate and Foreign Commerce, 

House of Representatives, Washington, D. C. 
Sir: I am just advised that a seed bill, H. R. 29163, has been introduced and 
referred to your committee. Remembering your former courtesies in allowing seed 
merchants a hearing before your committee to express their objections and recom- 



56 ADULTEKATIOX AND MISBEAFDING OF SEEDS,, BULBS, ETC. 

mendations on a former seed bill, H. R. 13835, I earnestly hope you will give them a 
hearing on this bill should they, on examination of the bill, note serious objections 
thereto. I believe the history of the efforts of seedsmen in the last two years to co- 
operate in securing legislation which is fair to all parties, warrants the consideration 
of their views, especially since they have, more than anybody else, a practical knowl- 
edge of commerce in seeds. I have notified my clients and I shall be greatly obliged 
to you if you will advise me of your and your committee's willingness to hear them 
should they deshe a hearing. 

Respectfully, yours, Curtis Nye Smith. 



W. Atlee Burpee & Co., 

Philadelphia, January 3, 1911. 
Hon. Irvixg P. Wanger, 

House of Representatives, Washiiigt07i, D. C. 

My Dear Mr. Wanger: As I advised you over the phone, I heartily appreciated 
your courteous favor of December 14, covering copy of the bills H. R. 20373 and H. R. 
29163, and had hoped to respond before this to yoiu' inquiry to let you know whether 
I would '"regard the provisions in either one objectionable, and if so in what respect." 

Absence from town and pressure of other business has prevented me giving the 
proper thought to these two bills until to-day. I am quite sm-e, however, that my 
criticisms will reach you in ample time, as the hearing is arranged for Januarv 17. 

Bill H. R. 20373 is practically entirely covered by the new bill H. R. 29163.' which 
Mr. Mann introduced on December 13. My comments, therefore, will be devoted 
to the latter. 

Section 1 is entirely reasonable if such a bill is found to be necessary, in that on 
lines 8 and 13 the word ''knowingly'^' before "ship or deliver" would protect any 
innocent dealer from being adjudged ''guilty of misdemeanor." 

Section 2 is giving perhaps too much power to the Secretary of Agricultm-e, which 
office might not always be filled by a man of integrity and the requisite technical 
knowledge. In fact, it is very difficult, even for a man of exceptional ability and 
unquestioned integrity, to "publish standards for different kinds and varieties of 
seeds and bulbs." Let me illustrate from personal experience. In the last year of 
the Cleveland administration we had a contract, amounting to considerably over 
§50,000, for suppljang the Government seeds for distribution on the Atlantic and 
Pacific coasts. In specifying the varieties to be distributed by us the Department 
of Agriculture named Burpee's Best Early Cauliflower, and the required germination 
was 90 per cent or more. I iromediately wrote my friend, Hon. J. Sterling Morton, 
then Secretary of Agriculture, that this was a physical impossibility, that seed of 
Bm'pee's Best Early Cauliflower was grown on the island of Zealand, Denmark, and 
seldom if ever showed a germination of more than 78 to 82 per cent, and that we 
could obtain cauliflower seed at less than one-half the price gi'own either in France 
or Italy which would come up to the department's demand as to germination, but 
"would not anywhere approach our standard of excellence that it could be called 
Burpee's Best Early. Mr. Morton, of course, saw the reasonableness of this imme- 
diately. 

Section 3, line 22: Flower seed should certainly be omitted (and possibly vegetable) 
for the reason which will appear later. 

Section 4: The suggested percentages of foreign seed may perhaps be too small, but 
information ou this point can be obtained much better from grass seedmen. Our 
bu3ine53, as you know, is chiefly vegetable and flower seeds. In grass, clover, and 
agricultural seeds wo hanlle only the highe-^t grades ol)taii:able, but must recognize 
the fact that m \ny planters and farmers arc those to blame for the marketing of so much 
low-grade gras-i and clover seed, in that they will not pay the price for the best. 

Section 4: Lines 11, 12, and 13 of this section would also apply to flower seed, and in 
the case of na3tiirtiums, petunias, phlox, sweet peas, etc., if attempted to be enforced 
would cause an immense amount of worry and trouble. Nasturtivuns are so liable to 
mixture that a named variety, unle.-s? it be a very old-estalilished sort, is certainly a 
very flue slock that comes 95 per cent true. The new Spencer type of sweet peas 
sport so frequently that a novelty that comes 90 per cent true is considered really fine. 

The-<e three line^ might also prevent the introduction of good, sterling novelties in 
vegetable^. You can readily understand that every vegetable or flower grown from 
seed differs somewhat from each of its neighbors, and while reasonably true to type, 
were it required that no novelties should be introduced until they obtained 95 per 
cent true, it would interfere much with the progress of horticultiu"e and the interesting 
work oi hybridizers throughout the world. 

Section 4, second: Seems rea.sonable. 

Section 4, third: The rea.sonableness of this will depend, of course, upon the propor- 
tions allowed. It must be remembered, however, as in the case of cauliflower, that 



ADTJLTEEATION" AND MISBRANDING OF SEEDS^ BULBS^ ETC. 57 

percentages of germination vary not only with the section in which the seed is grown 
but also with the season in which it has been produced. For instance, cabbage seed 
on Long Island this past season was a magnificent crop. The prospects for 1911 are for 
a very poor crop, and in all probability the seed of 1910 carried over will show a con- 
siderably higher germination than the seed that may be produced in 1911. 

Section 4, fourth: Quite reasonable and fair. 

Section 5, line 19, would require the word '"knowingly" to be in.serted after "shall 
be." 

fp Section 5, second: Were I disposed to look for selfish advantage only I should not 
offer the criticism I purpose regarding this section . For many years we have stated in 
each catalogue (as you will see in copy of our catalogue for 1911, p. 2) that all pack- 
ages containing 1 ounce or more are dated and sealed with our green seal, of which a 
facsimile is there given. Our reason for not dating packets is that the electrotypes 
occupy the full front of the bags. Now, it would cost us only a few thousand dollars 
to change all oiu" electrotypes of packets and date these as well as we do ounces; but 
this would give us a very unfair advantage over our competitors, particularly those in 
the commission business, who, instead of printing their packets separately, as do we, 
have them lithographed in great sheets and carry a year or two years' supply ahead. 

Section 5, third: Does this infer that the locality or country in which the seed has 
been produced must be stated on each package? If so, such a requirement seems most 
unfair, as in the case of houses of experience knowledge of the locality or most 
suitable territory for producing to the highest state of perfection a given variety of 
seed may have meant the work of practically a lifetime, and the Government cer- 
tainly should not require the relinquishing of such a valuable trade secret to every 
competitor. Furthermore, to enforce such a requirement would work untold hardship 
upon an honest firm. Let me illustrate simply one item. Last season we offered at 
retail Dimorphotheca aurantiaca by a colored j^late in our catalogue and, realizing 
how beautiful would be the plate and how strong our description fi'om our experience 
with this annual, we purchased all the seed the writer could obtain when in Europe, 
in England, France, Germany, and Holland. We sold more than 32,000 packets at 
retail. So satisfactory is this new annual that our sales this year will probably be 
greater, and we have ourselves grown large lots of the seed on our own farms in Cali- 
fornia, Pennsylvania, and New Jersey, besides making contracts in Europe with 
reliable growers. Now, you can readily understand that in papering this seed it 
would give us endless trouble to figure just how many packets were to be printed for 
the seed grown in each country, and the information could do the planter absolutely 
no good whatever. The same objection would apply to many vegetable seeds, such 
as melons, tomatoes, sweet corn, peas, and beans, which, in order to insure against 
failure of crops in certain sections, are produced in different States. 

Section 5, fourth, seems all 0. K. if the word "knowingly" be inserted on line 7, 
after "shall be." 

Section 6 would at first appear to be reasonable if the act as a whole should be passed, 
but there is one serious objection which perhaps has not occurred to Mr. Mann. That 
is, any one who complies technically with the act would be entitled to use the inscrip- 
tion "United States standard," while the seeds, actually pure and honest, might be 
poor and of an inferior strain. For instance, certain celery and radish seed can be 
produced in America at much less cost than in France, but as a rule is worth very 
much less than the difference in cost to the market gardener. 

Section 7: This would be rather awkward for the wholesaler should such a guaranty 
be given by him and get into the hands of unscrupulous retailers. 

Now, my dear Mr. Wanger, I think if you will have leisure some evening to consider 
my criticisms as above, you will agree that most of them are well taken. 

I hope to be in Washington at the meetings of the National Board of Trade beginning 
Monday, January 16, and trust you will save some evening early that week that I 
may have the pleasure of your company at dinner at the Willard. With kindest 
regards, 

Sincerely, yours, W. Atlee Burpee. 



The Nebraska Seed Co., 

Omaha, Nebr., January 17, 1911. 
James R. Mann, M. C, 

Washington, D. C. 
Dear Sir: We are greatly obliged for your attention and pleased to state your bill 
has some very good features. There are also some things that we believe could be 
improved materially for the good of the whole country. 
Yours, truly, 

The Nebraska Seed Co. 



58 ADULTEEATIOX AND MISBRANDING OF SEEDS^ BULBS^ ETC. 

Washington, January 24, 1911. 
Hon. James R. Mann, 

Chairman Committee Interstate and Foreign Commerce, 

House of Representatives. 
My Dear Mr. Mann: I inclose herewith, for your consideration, a letter from Mr. 
Oscar H. Will, of Bismarck, N. Dak., relative to your pure-seed bill, H. R. 29163. 
Mr. Will is a seedsman of long experience. 

Very truly, yours, A. J. Gronna. 



Oscar H. Will & Co., 
Bismarck, N. Dak., January 18, 1911. 
Hon. A. J. Gronna, 

United States House of Representatives, 

Washington, D. C. 

Dear Sir: Wlien I saw you at the Commercial Club in this city not long ago I men- 
tioned the so-called pure seed bill (H. R. 29163) introduced by Mr. Mann, of Illinois. 
It is difficult for me to explain satisfactorily to one not very familiar with the seed 
business the impossibility of complying with the provisions of this bill, should it 
become a law. 

Seeds are grown, not made; therefore it is practically impossible to sell a quality 
of seeds that it has been impossible to grow, for instance, the past season. One of the 
absolute impossibilities is the requirement of stating on the packages where and in 
what year the seed was grown, for the reason that all garden seeds sold in this country 
are not produced by the firm selling them, but by specialists in all parts of the earth 
where they grow to the greatest perfection, the supply being contracted for as a rule 
one, two, and three years in advance. 

Mistakes sometimes occur between the planting of the seed stock and the sale of the 
product, and it is not right to subject an innocent dealer to prison penalty for what he 
has honestly tried to avoid. This bill places each seedsman and the dealer in seeds, 
entirely at the mercy of the Secretary of Agriculture, who has the power to make rules 
and regulations to suit himself, and in case the Secretary has a personal grievance 
against a seed dealer he can make it very unpleasant. 

One provision of the bill puts the dealers in seeds in unjust competition with the 
Government, for although it prohibits the sale by a private person or corporation it 
allows the court to order the sale of seeds confiscated to the Government. The bill 
permits the Secretary of Agriculture to fix a standard, and that is absolutely impos- 
sible for one man or a set of men to do, for the reason that 100 different grades of seeds 
may be grown in the same year and different localities. Supposing that the Secretary 
of Agriculture sets a standard on some seed which has been brought to his notice for 
that purpose ; the seeds may have been grown under favorable conditions. At the same 
time, in the Northwest, I might produce seeds of the same variety which could not 
under the existing conditions that year come up to the standard set by the Secretary; 
therefore, if I sold such seeds I would be ''up against" heavy fines and prison penalties. 

Anyone after reading the bill would have no alternative but to rate the seedmen 
as the worst kind of criminals, whose principle occupation was to mix up a lot of weeds 
and dead seeds which would entirely destroy their reputation. There are no more 
conscientious and painstaking men on earth than the seedmen, and no class of men 
work harder, from necessity, to have their goods a little better if possible than those 
of their competitors. 

We should have a law to prohibit bad importation, and a law to eradicate the foul 
weeds which now curse the country. But until such a law is made the seedmen 
should nol be ((iinpellcd to go out of business or to jail for failing to reach an impossible 
standard sol by s(mie one in authority. 

On page 3, lines 17 and IS, in regard to giving amounts and proportions of the kinds 
or varieties of seeds, I wish to call your attention to the fact that such provision would 
be i)hysically im])ossible; for example, I will mention one item of many hundreds. 
We will say that we had contracted for 100 pounds of tomato seed at §1 per pound, 
and ])r('i)ared all our packets and marked the ciuantily on that Inisis. but late in the 
season the grower ha^'i his crop destroyed and could furnish only a small part or none 
of the (TO)), and we would be compelled to buy elsewhere at three or four times the 
contract i)ri<e. This would render the first packets worthless, and thousand.^ of new 
bags with a les.ser (|uaiitiLy would have to be printed, all of which, if possible, at the 
time would cause great lo.-^s and expense. 

The above would not aj^ply to larger lots of the same seeds, except that the new seeds 
wlien put up might be full weight or measure and later on after shrinkage had taken 



ADULTEKATION AND MISBRANDING OF SEEDS, BULBS, ETC. 59 

place would be lighter in weight or smaller in measure, but still contain the same num- 
ber of seeds. 

I would call your attention to page 6, lines 1 to 17, inclusive, which is certainly the 
most ridiculous and impossible part of the bill. It is more difficult for me to write 
you than it would be to explain this orally. The seedmen's committee are to have 
a hearing before the Interstate and Foreign Commerce Committee on February 3, 
and if it is possible for you to hear their able arguments at that time it would please 
me very much. 

Trusting you will use every honorable means to defeat the bill as it now stands, I 
remain, 

Yours, very truly, Oscar H. Will. 



W. H. Small & Co., 
Evansville, Ind., January 19, 1911. 
Hon. John W. Boehne, 

House of Representatives, Washington, D. C. 
Dear Sir: Through the trade journals, our attention is called to the "Mann pure 
seed bill." 

There are many things in this bill that are good and some that seem to us impracti- 
cable. Can you tell us as to the status of it? If you are liable to be in Evansville 
before the bill is put on passage or taken out of committee, we would like very much 
to have a personal talk with you. We are corresponding with some other members 
of the seed trade and believe we can offer some suggestions that will not weaken the 
bill in its intended purpose as a protection to buj^ers of seed, but will at the same time 
make it much more practical than as written now. 
Yours, very truly, 

W. H. Small & Co., 

A. F. Files, Vice President. 



L. Teweles & Co., 
Milwaukee, January 24, 1911. 
The Hon. James R. Mann, 

Washington, D. C. 
Dear Sir: In regard to the pure-seed law, bill R. H. 29163, we need not mention that 
we are in favor of same as you will have noticed bj' our previous correspondence with 
you on the same subject, but we consider the penalty clause unfair and unjust, as it is 
approved and acknowledged by whoever came in contact with first-class seed houses 
that they are more honest in their dealings than in many other branches of business 
and they are men of high standing in the community and no criminals. 

We would propose to let the seed law stand as you framed it, but instead of penalties 
we would propose that the Agricultural Department in Washington appoint some 
agents to visit the different seed houses from time to time and examine their cleaned 
seeds ready for shipment and if they find some adulterated seed the owner of it should 
be published in different papers, which would be a more severe punishment and the 
result would be disastrous and it would ruin his business for the future. 

Weexpect you will find our proposition just and fair and in line with honest business 
principles and we hope the same will meet your views and support. 
Yours, respectfully, 

L. Teweles & Co. 



The Texas Seed & Floral Co., 

Dallas, Tex., January '23, 1911. 
Hon. William C. Adamson, 

House of Representatives, Washington, B.C. 
Dear Sir: We take the liberty of addressing you as a member of the Interstate and 
Foreign Commerce Commission, with reference to a House bill known as H. R. 29163, 
seeking to regulate the seed business. 
We respectfully request that you send us a copy of this bill. 

We most earnestly protest against this iniquitous proposed act, which puts every 
seedsman under a prison penalty and is intended to put the seed business at once and 
forever in the disreputable class, embodying as it does the assumption that this indus- 
try is so conducted that an unreasonable number of those engaged in it are dishonest. 



60 ADULTEEATIOISr AND MISBRANDING OF SEEDS^ BULBS, ETC. 

We do not feel that Congress has a right to put such a ban on any reputable industry, 
until it is shown by open and unbiased hearings in various sections and by Census and 
customhouse records that there does exist in this trade dishonest practices beyond the 
usual average run of wrongdoings. 

The most responsible men in the seed trade claim that the commercial honesty of 
this business excels that of most others and take this position because misdeeds in 
seed sales are known in a few weeks and no merchant could succeed for over two seasons 
who knowingly sold bad seeds. 

For the sake of oui present reputation and for that of the future, we believe that we 
have a right to demand that before such a disgraceful law is passed upon the seed trade, 
there be ample proof of dishonesty furnished. 

We certainly do not feel that we should be placed in the class with patent medicines, 
get-rich-quick concerns, and assure you that if such a bill is spread upon the law books 
of the country that it will work an imtold injury to our business. 

We respectfully request that you oppose the passage of this act. 

Thanking you in advance for your kind influence, we remain, with much respect, 
Yours, very truly. 

The Texas Seed & Floral Co., 

C. W. Robinson, Secretary and Treasurer. 



The Frank S. Platt Co. (Inc.), 

New Haven, Conn., January 28, 1911, 
Hon. James R. Mann, Washington, D. C. 

Dear Sir: The growing and handling of seeds is a necessary and honorable occupa- 
tion, exempt from fraud and impositions in as full degree and sense as any form of 
merchandising. Nature does not produce all seeds superlative and absolutely apart 
from other forms of similar characteristics, and no process for elimination is yet infallibly 
perfect. The fact the Government of the United States has permitted the importation 
of worthless seeds for adulteration purposes, and we assume cognizant of their ultimate 
use, should not be charged against the seed trade in general, but in full measure of 
condemnation revert to those who are guilty and whom the Government may investi- 
gate through the records and entries at the customhouse. 

It is unquestionably true that unscrupulous persons or firms have taken advantage 
of the privilege to import cheap seeds and adulterants and made use of them to 
their own profit, but the liability for such imposition and fraud should be placed 
where it belongs, and not spread out in sweeping condemnation over the whole system 
of worthy and honorable business firms who have done no wrong to merit the odium 
of criminality to which the bill H. R. 29163 condemns them. So far as adulteration of 
seeds may be considered, I am in hearty accord with every effort to suppress the 
practice, and think the matter should be strangled at its inception, closely followed 
from its arrival at the customhouse, and not permitted to cover the country before 
measures are adopted for correction. 

To be sure, the Government of the United States is a stiff competition, buying goods 
with our money and presenting same to our customers, who, as a rule, will not turn 
their money over to us when supplies are delivered at their door, all charges paid. 
This feature is an unjust discrimination, but we have become accustomed to it and 
adjusted the yoke. 

No other industry, trade, or profession appears to attract the paternal solicitude or 
receives so much unmerited criticism as the selling of seeds from the United States 
Government. I earnestly solicit your careful consideration that justice may triumph. 
\"ery rospectfully, 

Frank S. Platt. 



W. H. Small & Co., 
FjVansviUc, Ind., January ,10, 1917. 
Hon. JoTi.v W. Boehne, 

House of Rcprescntalives, WniJiinfiton , D. C 
I>eai! Sir: Answering your valued favor January 26 and in further reference to 
pure-seed bill IT. R. 2!)16;5, sol for hearing on Fohruary 2. 1911, at 10 o'clock a. m., 
before tin- Committee on Interstate and I'oreign Commerce, we would appreciate 
your kindness in presenting this conmiunication to said committee as our objection 
to the bill in (juestion as a whole, for the following reav'-f>ns, which will endeavor to 
make brief: 



ADULTEEATION" AND MISBKANDING OF SEEDS^ BULBS, ETC. 61 

First. This bill in our opinion covers entirely too broad a scope in an endeaA'or to 
regulate the sale or distribution of bulbs, vegetable and flower seeds combined with 
grasses, clovers, cereal, forage plants, and other agricultural seeds intended for seeding 
purposes. The average gardener or florist can take care of the noxious weed seed 
pi'oposition with an ordinary hoe or spoon and other implements equally effective, 
and for this reason we believe that entirely separate laws should be passed governing 
the sale of bulbs, garden seeds, flower seeds, and grasses, clovers and other agricul- 
tural seeds. 

Second. We being interested only in the marketing of grasses, clovers and other 
field seeds v.nll offcT no suggestions touching on the garden and flower seed trade; 
neither are we members of the American Seed Trade Association and do not know 
upon what lines they expect to combat the proposed bill in question. But are familiar 
with the facts that for many reasons, well known to the Hon. James R. Mann, chair- 
man of the committee in question, other bills similar to the one now proposed did not 
meet with the approval of the seed-trade association and the seedsmen of the United 
States in general, for the one most important reason possibly overlooked by many, 
that the seedsman has no one to look to for absolute authority or protection from buyers, 
many of whom will take advantage of technicalities and siiglit variation;' of tests for 
piu'ity and growth of seeds made by seedsmen's private laboratories, State experi- 
mental stations, and the tests made by the Agricultural Department, Bureau of Plant 
Industry at Washington, D. C; it being a well-known fact that two or three tests 
can. not be made from the same identical lot of seed and have each and all exactly 
conform with the other. 

In further reference to the bill in question, we wish to say that we are heartily in 
sympathy with any proposition that will regulate the adulteration or misbranding 
of all agricultural seeds, and believe that all fair-minded seedsmen will join us in 
the same spirit; but in reference to section 4, second paragraph under adulteration 
defined in said pure-seed law, wish to call your attention to the fact that during 
some seasons, the seed of dodder is found in native clover and alfalfa seeds in more 
or less quantities. This clover and alfalfa seed of course has a legitimate value, 
regardless of the percentage of dodder, and to pass a law which would absohitely 
establish a certain percentage before it could be offered or exposed for sale, otherwise 
prohibited, wotild work a vital financial injury to the farmers in this community as 
well as elsewhere where their land has already been infected with dodder or other 
noxious weed seeds now defined in certain State pure-seed laws and prohibited for sale 
when found in agricultural seeds. 

In our broad land, apparently, no man is restricted from taking poison with suicidal 
intent. We also have our opinion that there should be a legitimate A-alue and a 
market found for anything in the way of agricultural seeds just as natiu-e produces 
them, if a buyer can be found. But work on the consumer in an educational way 
and by law guarantee the farmer or consumer protection, and in any event, do not 
ask the seedsmen to make these guarantees they can not for many reasons, the principal 
one is, that they will not be recognized by the middle man or retail seedsman as 
authority, under certain conditions useless to explain, but well-known facts. 

In proposing legislation that would cover the grotmd most effectively, we would 
suggest that the present Congress pass a law standardizing the grading of all clovers, 
grasses, and other agricultural seeds and to offer to "bag in bond" for the seedsmen 
or general public not over thr-ee distinct and separate grades of any one kind of clovers, 
grasses, or other agricultural seeds, and in no less quantities than 10 to 20 bags; all 
rules, regulations, and standards to be made by the Secretary of Agriculture, grades 
to be known as — 

U. S. contract. Kind of seed . "Bagged in bond." 

U. S. No. 2. Kind of seed . Bagged in bond. 

U. S. No. 3. Kind of seed . Bagged in bond. 

The Government should be compensated for making trial tests for seedsmen or 
individuals at a stated rate per sample where parties were desirous of knowing approxi- 
mate grade, and if report was favorable toward passing certain grade that could be 
bagged in bond the seed should then be placed in warehouse under Government lock 
and key; sample carefully drawn by Government clerk forwarded to nearest station 
for final report. If passed as U. S. contract, U. S. No. 2, or U. S. No. 3, a certificate 
returned to Government clerk, who will see that each bag is properly tagged and each 
bag sealed by dtie authority. And for the maintenance of this law further revenue 
should be collected for making final tests, and the expense incurred to effect the pro- 
posed plan to bag in bond at a conservative rate per 100 pounds on all seeds graded. 
After final test and bags are sealed and tagged, certificate to be given owner for per- 
manent file, and seed can then be released to owner and sold by grade or sample in 
the regular course of present marketing, but with assurance to the seedsman, retail 
dealer, and consumer that the grade has been authoritatively fixed. 



62 



ADULTEEATION AND MISBEANDING OF SEEDS, BULBS, ETC. 



^A ould also siiggcs that same law restrict all seedsmen to tag conspicuously each and 
every bag of seed sold or offered tor sale that has not been bagged in bond with words 
as follows: -Grade not established by the U. S. Department of Agriculture " or 
words of equal effect. * ' 

We are convinced that a bill passed along the lines as aforementioned would be a 
very popular one and acceptable to most all seedsmen as well as with the retail dealers 
farmers and planters everywhere. There are many arguments in its favor which 
would be pleased to confer with you upon at any time. There, however may be 
points about it that do not seem feasible with which we are not familiar but a creneral 
outline of our thoughts are expressed herein, and if you find that any interest it taken 
by the committee on any point referred to or as a whole the writer will gladly arrange 
a contercncc with you whereby more details can be given ^ ^ c 

In conclusion we are satisfied that a seed law along the plans which have outlined 
above would automatically regulate the distribution and prices of agricultural seeds 
such as g-rasses and clovers, m a most satisfactory manner and still remain within the 
bounds of the natural law governed by supply and demand . Those who really wanted 
to purchase the best seed obtainable or an average good seed would know just what to 
demand, no matter where his location might be; and those who do not care and are 
willing to accept poor and inferior classes of seed for certain private reasons of their 
own and only willing to pay cheap price, they also can find without restriction iust 
what they are looking tor. •■ 

We thank you kindly for your attention and await any response from you on the 
subject. ■ • 

Yours, very truly, W. H. Small & Co., 

P. C. Newlin, Secretary. 

XT , T -r. Boston, Mass., January 25, 1911. 

Hon. Andrew J. Peters, y ^ ■ 

Committee on Interstate and Foreign Commerce, Washington, D. C. 
Dear Sir: The undersigned seed merchants of Boston, respectfully call your 
attention to a seed bill, H. R. 29163, now pending in your said committee, a hearing 
on Avhich bill being set for February 2. While a delegation of seedsmen expect to 
appear at said hearing, it does not seem improper very^'briefly to call your attention 
to certain senous faults m the bill, as follows: 

While section 1 affects "intentional" adulteration or misbranding of seeds a prac- 
tice we m no manner condone, and so indorse the section; yet, in section 8 omitting 
any such element of intention, our seeds may be seized, sold, or destroyed without 
our knowledge either as to such seizure or as to the prohibited mixtures 

Bulbs, vegetable, flower, and "other agricultural and horticultural seeds" should 
not be included in the same bill with the ordinary field seeds. The two cla^^se^ are 
entirely separate both as to growth, sale, and use of the seed by the farmer ^Notice 
that all modern seed legislation so considers. A regulation "concerning one class 
(for example lines 11-13, p. 3, or fines 21-23, p. 3, and clauses "third " and -'fourth ") 
IS an impossible burden on the other class, except, of course, when the bill merelv 
contemplates willful adulteration or misbranding. 

Germination should be totally eliminated from the bill. 
ri7^T^ ^^'oio-f^ ^H^ is notable. Your committee in reporting the former Mana bill ■ 
^ ;-r ••- T V ^"^ ,® ^^^^^ '''^^^' ^t P^S*^ 2: "The test of seed often can not be made 
until It has been planted and the crop has been produced." 

Also nol^e that the Association of Official Seed Analysts (composed of the State seed 
ana ysts ot many States), in its report accompanying, and approving a uniform State 
seed 1)111, says: It is deemed inadvisable to include vitality until methods of 
making germination tests are satisfactorily worked out." 

There are other objections which will probably be cited, but which this brief 
letter c-an not cover. W e append suggested amendments to the bill 
Respectfully, 

Joseph Breck & Sons (Corp.), per Chas. H. Breck, president; Fottler, 
Fiske, Rawson Co., by John Fottler, president; Ames Implement & 
Seed Co., W. H. Peckham, manager; R. & J. Farquhar & Co.; 
Ihos. J. Grey Co., Jas. M. Gleason, treasurer; Hovey & Co ■ 
Ihomas \\ . Emerson Co., C. Leseur, treasurer; Fowle, Hibbard Co 
by John W. White, president; Charles H. Stone & Co 



ADULTERATIOIvr AND MISBRANDING OF SEEDS, BULBS, ETC. 63 

SUGGESTED AMENDMENTS TO BILL H. E. 29163. 

Section 1. Strike out in lines 5, 6, and 11 references to "foreign country." Let 
the bill protect our country like the Canadian seed act. 

Page 2, line 2, strike out "or otherwise." 

Page 2, lines 7, 8, strike out "or be imprisoned not exceeding one year, or both, in 
the discretion of the court." 

Section 3. Strike out all vegetable, flower, and other agricultural and horticultural 



Also in bill strike out "bulbs." 

Section 4. Raise percentage of 3 per cent to 3 i^er cent except in case of yellow 
trefoil in red clover. 

Page 3, line 12, insert between the words "variety" and "contain" the words "to 
the seller's or shipper's knowledge." But if vegetable, flower, etc., seeds and bulbs 
are stricken from bill this amendment not necessary. 

Page 3, line 17, after the word "giving" strike out rest of sentence and insert the 
words "the approximate amount of said seed in the bulk or package." 

Page 3, lines 21-23, after word "respectively," strike out semicolon and insert 
period and strike out the clause "or * * * purposes." . 

Pages 3 and 4, strike out entire clause styled "third." 

Section 5. Page 4, lines 18-20, strike out entire sentence and insert: "When seeds 
of one kind or variety, distinguishable by their appearance, shall be offered for sale 
under the name of another kind or variety of seed: Proirided, That nothing in this act 
shall be construed to require any dealer in or growers of seeds to discontinue the use 
of any name applied to a kind or variety of seeds so used and applied prior to the pas- 
sage of this act." 

Page 4, line 22, between words "and" and "correctly," insert the word "approxi- 
mately." 

Page 5, lines 4 and 5, between words "shall" and "bear," insert the words "to the 
seller's or shipper's knowledge." 

Section 7. Strike out guaranty and state "name and address of former seller," 
as in the Canadian act. 

Section 8. Strike out this entire section, or if this not possible amend as follows: 

Page 7, line 14, between words "District" and "the," insert "in which said seeds 
are offered for sale." 

Page 7, line 17, between words "except" and "that," insert the words "that notices 
of such seizure shall be served by the marshal to whom the monition in the libel pro- 
ceedings has been delivered, on the OAvner, consignor, or consignee of said seeds, 
either by actual delivery to said person or persons or by registered letter, and immedi- 
ately after seizure of the seeds, and the return of the marshal on said monition shall 
state that such personal or written notices were duly served, and except." 

Section 9. Page 8, lines 8-10, strike out beginning with "or" and ending with 
"purposes. " 

Section 10. Page 9, line 13, between "deemed" and "to" insert the words "prima 
facie. " 

The bill now demands a guaranty against the willful or iimocent mistakes of an 
emj^loyee. A dishonest employee could ruin a seedsman. By the amendment an 
opportunity is given to show a good defense. The Canadian act does this. 



Department of Agriculture, 

Office of the Secretary, 
Washington, Febrvary_ 1, 1911. 
Hon. James R. Mann, 

House of Representatives. 
My Dear Mr. Mann: I received the inclosed resolutions from the Association of 
Official Seed Analysts, and thought the matter of sufficient importance to bring to the 
attention of Chairman Scott of the Committee on Agriculture. He informs me that a 
bill directly covering this subject is now under consideration by the Committee on 
Interstate and Foreign Commerce, and suggests that I refer the resolutions to you. 
Accordingly I inclose them heremth. 

Very trulj'-, yours, James Wilson, Secretary. 



64 ADULTEEATIOIS" AIv^D MISBRANDING OF SEEDS^ BULBS^ ETC. 

RESOLUTIOX ADOPTED AT THE THIRD ANNUAL MEETING OF THE ASSOCIATION OF OFflGIAlf 
SEED ANALYSTS, HELD NOVEMBER 14-15, 1910, AT WASHINGTON, D. C. 

Whereas Canada has a strict seed-control law which prohibits the sale in that country 
of low-grade seed, but specifically provides for its export; and 

Whereas France and the Argentine Republic forbid the introduction into these 
countries of clover and alfalfa seed containing seeds of dodder; and 

^\^lereas the conditions in Germany, Austria, Switzerland, Belgium, Holland, 
Denmark, Norway, and Sweden are such that large quantities of low-grade and worth- 
less seed, for which there is no ready local market, are collected in the large seed- 
handling centers for export; and whenever the price of clover and alfalfa seed in this 
country is high large amounts of such low-grade European seed are imported for the 
purpose of mixing with other seed in order to create low grades for sale in American 
markets; and 

Whereas we believe the introduction into this country- of this class of seeds is a 
positive menace to our agriculture: Therefore, be it 

Resolved, That the Association of Official Seed Analysts favors the immediate pas- 
sage of such legislation as may be necessary to prevent the introduction into the 
United States of forage-plant seeds containing such large proportions of weed seeds 
or dead seeds or other matter that they are of little or no value for agricultural purposes, 

o 



LE N 'I 



